How  THE  REPUBLIC 
is  GOVERNED 

NOAH  BROOKS 


LIBRARY 


. 

UNIVERSITY  OF  CALIFORNIA. 


(  rl  KT  <  )K 


Deceived 


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HOW  THE  REPUBLIC 
IS  GOVERNED 


BY   THE    SAME   AUTHOR 


SHORT  STUDIES  IN   PARTY  POLITICS. 
With  27  Portraits.     16mo,  $1.25. 


HOW  THE  REPUBLIC 
IS  GOVERNED 


BY 

NOAH    BROOKS 


[IFK1VBRSI1T] 

NEW  YORK 

CHARLES    SCRIBNER'S    SONS 
1895 


COPYRIGHT,  1895,  BY 
CHARLES    SCRIBNER'S    SONS 


TROW  DIRECTORY 

PRINTING  AND   BOOKBINDING   COMPANY 
NEW  YORK 


. 

CONTENTS 


CHAPTER   I. 

PAGE 

THE  FEDERAL  CONSTITUTION, i 


CHAPTER   II. 

GOVERNMENT  OF  THE  UNITED  STATES,     ...  4 

CHAPTER   III. 

OF  THE  CONGRESS, 6 

The  Senate, 7 

The  House  of  Representatives, 12 

General*  Provisions  Relating  to  Congress,    .     .  18 

Legislative  Methods, 22 

CHAPTER   IV. 

THE  EXECUTIVE  DEPARTMENT  OF  GOVERNMENT,  29 

Subdivisions  of  the  Executive  Department,      .  31 

CHAPTER  V. 

THE  JUDICIARY, 61 

Supreme  Court  of  the  United  States,      ...  62 

Circuit  Courts  of  Appeal, 64 


CONTENTS 

PAGE 

Circuit  Courts, 64 

District  Courts, 65 

General  Provisions  Relating  to  Courts,  ...  66 

Courts  of  Claims, 68 

CHAPTER  VI. 
NATIONAL  AND  STATE  RIGHTS, 70 

CHAPTER  VII. 
NATURALIZATION,  . 74 

CHAPTER  VIII. 
PRESIDENTIAL  ELECTORS, 75 

CHAPTER  IX. 

THE  TERRITORIES, 78 

District  of  Columbia, 81 

Alaska, 82 

The  Indian  Territory, 83 

Acquisitions  of  United  States  Territory,      .     .  84 

CHAPTER  X. 
TREASON,     ,    .    , 87 

CHAPTER  XI. 

TARIFFS  AND  CUSTOM  HOUSES, 89 

vi 


CONTENTS 

CHAPTER   XII.  PAGE 

THE  INDIANS, 93 

CHAPTER  XIII. 
THE  PUBLIC  LANDS, 95 

CHAPTER  XIV. 

SUB-TREASURIES,  MINTS,  ASSAY  OFFICES,      .    .     99 

* 

CHAPTER   XV. 
PATENTS  AND  COPYRIGHTS, 104 

CHAPTER  XVI. 
PENSIONS, 108 

CHAPTER   XVII. 
THE  RIGHT  OF  SUFFRAGE, no 

DECLARATION  OF  INDEPENDENCE, 112 

TEXT  OF  THE  CONSTITUTION,       121 

INDEX  TO  THE  CONSTITUTION, 157 

GENERAL  INDEX,    . 163 


vn 


CHAPTER  I. 


THE   FEDERAL  CONSTITUTION 

THE  fundamental  law  on  which  is  built  the 
framework  of  the  Government  of  the  Re- 
public of  the  United  States  is  the  Federal  Con- 
stitution. This  instrument  was  constructed  by 
a  convention  of  delegates,  or  deputies,  from  the 
original  thirteen  States.  It  was  finished  and 
signed  by  the  members  of  the  convention  on 
September  17,  1787.* 

As  originally  drawn,  the  Constitution  was 
composed  of  seven  articles.  The  seventh  ar- 
ticle provided  that  the  ratification  of  at  least 
nine  of  the  thirteen  States  should  be  necessary 
to  its  adoption.  The  first  State  to  ratify  the 
Constitution  was  Delaware,  on  December  6, 
1787.  The  last  to  ratify  was  Rhode  Island 
(being  the  thirteenth  to  vote),  on  May  29, 

*The  names  of  the  thirteen  original  States  and  the 
order  in  which  they  ratified  the  Constitution  may  be 
found  on  page  155. 


THE  FEDERAL  CONSTITUTION 

1  790.  But  the  ratification  by  the  requisite  nine 
States  was  complete  as  early  as  June  21,  1788, 
when  New  Hampshire  ratified. 

In  the  fifth  article  of  the  Constitution  it  is 
provided  that  the  instrument  may  be  amended 
in  the  following  manner  :  Congress  may  at  any 
time  propose  amendments  thereto,  provided 
two-thirds  of  the  members  of  each  house  of 
Congress  shall  vote  in  favor  of  said  amend- 
ments ;  and  then  the  proposed  amendments 
shall  be  submitted  to  the  States  and  be  ratified 
by  the  Legislatures  of,  or  by  conventions  of, 
three-fourths  of  said  States.  Or,  Congress  may, 
on  the  application  of  the  Legislatures  of  two- 
thirds  of  the  States,  call  a  convention  of  dele- 
gates, or  deputies,  to  propose  amendments  to 
the  Constitution,  such  amendments  to  be  sub- 
sequently acted  upon  by  the  State  Legisla- 
tures, as  before  provided. 

The  First  Amendments  to  the  Constitution 
were  ten  in  number,  and  were  proposed  by  the 
First  Congress  ;  they  were  ratified  by  the  States 
between  September  25,  1789,  and  December 


The  Twelfth  Amendment  was  proposed  by 
the  Eighth  Congress,  and  was  ratified  between 
December  12,  1803,  and  September  25,  1804. 

The  Thirteenth  Amendment  was  proposed  by 


THE  FEDERAL  CONSTITUTION 

the  Thirty-eighth  Congress  on  February  i, 
1865,  and  was  ratified  by  December  1.8,  1865. 

The  Fourteenth  Amendment  was  proposed  by 
the  Thirty-ninth  Congress  on  June  16,  1866, 
and  was  ratified  by  July  28,  1868. 

The  Fifteenth  Amendment  was  proposed  by 
the  Fortieth  Congress,  on  February  27,  1869, 
and  was  ratified  by  March  30,  1870. 


CHAPTER  II. 
GOVERNMENT   OF   THE   UNITED   STATES 

THE  Government  of  the  United  States  is 
divided  into  three  branches,  or  depart- 
ments. These  are  the  Legislative,  the  Execu- 
tive, and  the  Judicial  branches. 

The  Legislative  branch  is  the  Congress  of 
the  United  States ;  and  that  body  alone  has  the 
power  of  enacting  laws  for  the  government  of 
the  Republic. 

The  Executive  branch  of  the  Government  has 
for  its  head  the  President  of  the  United  States, 
and  under  him  are  such  officers  as  Congress  may 
authorize  to  be  appointed,  or  otherwise  chosen. 
The  function  of  the  Executive  department  of 
the  Government  is  to  execute  and  carry  into 
effect  such  laws  as  Congress  may  enact. 

The  Judicial  branch  of  the  Government  is 
composed  of  the  Justices  and  Judges  of  the 
United  States  courts.  Its  function  is  to  inter- 
pret and  construe  the  laws  of  Congress  and  to 
decide,  when  occasion  arises,  whether  laws  en- 


GOVERNMENT  OF  THE   UNITED  STATES 

acted  by  Congress  or  by  State  Legislatures, 
are  in  accordance  with  the  provisions  of  the 
Federal  Constitution. 

Under  some  one  of  these  three  branches  of 
the  Government  of  the  United  States  every  offi- 
cer of  the  Republic  derives  his  authority,  and 
each  function  and  power  of  the  Government  is 
exercised. 


CHAPTER  III. 
OF  THE   CONGRESS 

E  Congress  of  the  United  States  is  com- 
JL  posed  of  two  branches,  or  houses,  the 
Senate  and  the  House  of  Representatives. 

The  Senate  has  two  members  from  each 
State.  No  State  is  entitled  to  more  than  two 
Senators  at  one  time.  No  State  can  be  deprived 
of  the  right  of  sending  two  Senators  to  repre- 
sent it  in  the  Senate  of  the  United  States. 

The  House  of  Representatives  is  made  up  of 
delegates,  or  representatives,  from  each  of  the 
several  States,  one  Representative  being  allot- 
ted to  each  unit  of  representation.  No  State 
may  have  less  than  one  Representative,  how- 
ever small  its  population  may  be;  but  as  the 
basis  of  representation  is  population,  the  larger 
States  have  the  greater  numbers  of  Representa- 
tives. At  present  (1894),  one  Representative 
is  allotted  to  eacn  Congressional  district  in 
every  State;  and  each  Congressional  district 
must  have  at  least  173,901  population  as  a 


OF  THE  CONGRESS 

basis  of  representation,  except  where  there  are 
not  that  many  people  in  the  whole  State. 

The  Senate  is  designed  to  represent  the 
power  and  the  dignity  of  the  several  States. 
The  House  of  Representatives,  sometimes  called 
the  popular  branch  of  Congress,  represents 
more  directly  the  population  of  the  republic. 
Both  branches  have  equal  power  in  the  enact- 
ment of  all  laws ;  and  no  proposed  law  can  be 
made  a  valid  statute  of  the  United  States  unless 
it  receives  a  majority  of  the  votes  of  each  of 
the  two  houses  of  Congress. 

THE   SENATE. 

The  Senate  is  comprised  of  Senators,  each 
two  of  whom  represent  one  State.  Each  Sen- 
ator is  elected  by  the  Legislature  of  a  State, 
and  each  serves  for  six  years,  unless  he  has  been 
appointed  or  elected  to  serve  out  an  unexpired 
term. 

The  Senate  is  so  constituted  that  one-third 
of  its  members  go  out  of  office  every  two  years. 

In  case  a  Senator  dies,  resigns,  or  for  any 
cause  is  no  longer  able  to  discharge  the  duties 
of  his  office,  the  vacancy  thus  created  is  filled 
by  the  Legislature  of  the  State  to  be  repre- 
sented ;  and  if  such  vacancy  occurs  while  the 


OF  THE  CONGRESS 

Legislature  of  the  State  is  not  in  session,  then 
the  Governor  of  said  State  may  appoint  a  Sen- 
ator to  fill  the  vacancy  until  the  next  session  of 
that  Legislature. 

A  Senator  thus  chosen  by  the  Legislature 
fills  out  the  unexpired  term  for  which  he  was 
elected  or  appointed,  and  no  more. 

A  Senator  must  be  at  least  thirty  years  of 
age  when  he  is  elected  ;  and  he  must  have  been 
a  citizen  of  the  United  States  at  least  nine 
years  before  such  election. 

Whenever  a  State  is  required  to  choose  a 
United  States  Senator,  each  House  of  the  Leg- 
islature must  vote,  viva  voce,  for  Senator  on  the 
Tuesday  following  its  organization.  On  the 
next  day  the  two  Houses  are  to  hold  a  joint 
meeting.  If  it  then  appears  that  the  same  per- 
son has  received  a  majority  of  the  votes  in  each 
House,  he  is  declared  elected.  If  not,  the  joint 
meeting  is  to  take  place  thereafter  and  take  at 
least  one  vote  a  day  during  the  session  of  the 
Legislature,  until  some  person  shall  receive  a 
majority  of  the  votes  of  the  meeting,  a  majority 
of  each  House  being  present.  In  case  of  a 
vacancy  occurring  during  the  session  of  the 
Legislature,  the  same  procedure  is  to  begin  on 
the  Tuesday  after  the  notice  of  the  vacancy  is 
received.  Should  the  Legislature  fail  to  choose 
8 


OF  THE  CONGRESS 

a  Senator  before  adjournment,  the  Governor  is 
empowered  to  fill  the  vacancy  until  the  Legis- 
lature shall  meet  and  elect  a  Senator  for  that 
term. 

The  powers  of  the  Senate  and  of  the  House 
of  Representatives  are  equal  in  the  enactment 
of  the  laws ;  but  each  branch  of  the  Legisla- 
tive department  has  its  own  peculiar  functions. 
Thus  the  Senate  alone  has  the  right  to  ratify, 
or  reject,  treaties  with  foreign  nations  which 
the  Executive  branch  of  the  Government  may 
negotiate  ;  and  no  such  treaty  is  valid  unless  it 
has  been  approved  by  the  Senate.  The  Senate 
also  has  the  right  to  confirm,  or  reject,  nomina- 
tions or  appointments  to  office  that  may  be 
made  by  the  President. 

Such  appointments  to  office,  however,  may 
be  made  by  the  President  without  the  consent 
of  the  Senate,  when  the  Senate  is  not  in  ses- 
sion, provided  a  vacancy  is  then  to  be  filled ; 
and  all  such  appointments  must  be  confirmed 
by  the  Senate  as  soon  as  that  body  again  meets 
in  session ;  otherwise,  said  appointments  fall. 
Sundry  of  the  less  important  offices  of  the  Gov- 
ernment may  be  filled  by  appointment  from  the 
Executive  department  without  the  advice  and 
consent  of  the  Senate.' 

When  the  Senate  has  under  its  consideration 


OF  THE  CONGRESS 

the  business  of  foreign  treaties,  or  of  appoint- 
ments to  office,  it  sits  in  secret  with  closed 
doors ;  and  this  is  called  an  executive  session,  as 
the  Senate  is  then  engaged  in  executive  busi- 
ness. A  vote  of  two-thirds  of  the  Senators  vot- 
ing is  necessary  to  ratify  a  treaty.  The  vote  of 
a  majority  may  confirm  a  nomination  to  office. 

Each  branch  of  Congress  has  sole  and  ex- 
clusive right  to  determine  whether  any  person 
chosen  to  a  seat  in  its  chamber  is  eligible  there- 
to ;  and  each  House  chooses  its  own  officers. 

The  Vice-President  of  the  United  States,  by 
virtue  of  his  office,  is  the  presiding  officer  of 
the  Senate ;  but  he  has  no  vote  in  that  body 
except  in  case  of  a  tie  [the  Senate  being  equally 
divided  on  a  vote],  when  the  Vice-President 
may  give  the  casting  vote.  But  he  may  not  at 
any  time  participate  in  the  debate,  or  the  de- 
liberations, of  the  Senate.  He  is  paid  an  an- 
nual salary  of  $8,000. 

In  case  of  a  vacancy  in  the  office  of  Vice- 
President,  or  of  his  absence  from  the  Senate, 
that  body  may  choose  from  its  own  number 
one  who  shall  be  President  of  the  Senate. 
While  he  holds  that  place  he  is  called  Presi- 
dent pro  tempore  of  the  Senate,  and  he  holds 
office  at  the  pleasure  of  the  Senate.  It  is  usual 
for  the  Vice-President  to  absent  himself  from 
10 


OF  THE  CONGRESS 

the  Senate  for  a  while,  soon  after  the  beginning 
of  each  session  of  Congress,  in  order  that  the 
Senators  may  choose  a  President  pro  tempore ; 
and  that  officer  presides  over  the  Senate  only 
when  the  Vice-President  fails  to  appear  to  take 
the  chair.  The  presiding  officer  of  the  Senate 
may  call  a  Senator  to  take  the  chair  tempo- 
rarily during  any  single  daily  session,  or  part 
of  a  daily  session. 

The  other  principal  officers  of  the  Senate  are 
the  Secretary,  whose  duty  it  is  to  keep  the 
journal  and  the  pay-accounts  of  the  Senate ; 
the  Sergeant-at-Arms,  whose  duty  it  is  to  assist 
the  presiding  officer  in  preserving  order,  the 
allotment  of  seats,  etc.;  the  Chaplain,  the  Post- 
master, and  the  Librarian. 

Each  House  of  Congress  has  its  own  stand- 
ing committees,  to  which  are  referred  all  bills 
or  proposed  laws.  The  standing  committees  of 
the  Senate  are  chosen  and  arranged  at  a  private 
meeting,  or  caucus,  of  the  Senators  who  consti- 
tute a  political  majority  of  the  Senate  at  the 
time  these  committees  are  appointed.  Senators 
who  at  such  time  represent  a  minority  of  the 
Senate  are  expected  to  present  to  the  majority 
caucus  the  names  of  those  of  their  number 
whom  they  desire  to  have  places  on  the  stand- 
ing committees.  It  is  customary  that  a  ma- 
ii 


OF  THE  CONGRESS 

jority  of  each  committee  shall  be  composed  of 
Senators  who  represent  the  political  majority  in 
the  Senate. 

In  case  any  civil  officer  of  the  United  States 
is  accused  of  a  crime  against  the  United  States, 
he  is  tried  by  the  Senate,  then  sitting  as  a  High 
Court  of  Impeachment.  The  charges  against 
the  accused  are  presented  by  the  House  of  Rep- 
resentatives and  are  called  articles  of  impeach- 
ment, corresponding  to  an  indictment  as  found 
by  a  grand  jury  in  criminal  practice.  The 
Senate  acts  as  a  trial  jury,  and  a  vote  of  two- 
thirds  of  the  Senators  is  necessary  to  secure  a 
conviction.  When  the  President  of  the  United* 
States  is  the  person  accused,  the  Chief  Justice 
of  the  United  States  is  the  presiding  officer  of 
the  High  Court  of  Impeachment. 

THE   HOUSE    OF   REPRESENTATIVES. 

The  presiding  officer  of  the  House  of  Repre- 
sentatives is  called  the  Speaker.  He  is  chosen 
from  the  members  of  the  House  by  a  vote  of  the 
majority  and  is  paid  an  annual  salary  of  $8,000. 

The  Speaker  holds  office  during  the  full  term 
of  the  Congress  for  which  he  was  elected  ;  that 
is  to  say,  two  years,  unless  sooner  removed  by 
vote  of  the  House. 

12 


OF  THE  CONGRESS 

The  House  may  at  any  time,  by  a  majority 
vote,  remove  its  Speaker  and  choose  a  Speaker 
pro  tempore.  Or,  should  illness  or  other  cause 
prevent  the  attendance  of  the  Speaker,  the 
House  may  choose  one  of  its  number  to  act  in 
his  place  temporarily.  Or,  the  Speaker  may 
call  to  the  chair  a  member  of  the  House  to  act 
in  his  place  for  one  day,  or  for  a  shorter  time ; 
%ut  he  may  not  put  any  one  in  his  place  for  a 
longer  time  than  a  single  day's  session. 

The  other  principal  officers  of  the  House  are 
the  Sergeant-at-Arms,  whose  duty  it  is  to  ex- 
ecute the  orders  of  the  Speaker  in  preserving 
order  and  to  keep  the  financial  accounts  of  the 
House ;  the  Clerk,  who  has  charge  of  the 
journals  of  the  House,  enrolled  and  engrossed 
bills,  and  who  generally  supervises  the  records 
and  documents  of  the  House  ;  the  Doorkeeper, 
who  is  charged  with  the  appointment  of  the 
keepers  of  the  doors  of  the  House  and  with 
minor  details  of  management ;  and  the  Chap- 
lain and  the  Postmaster. 

The  Speaker  is  the  only  officer  of  the  House 
who  is  a  member  of  that  body ;  the  other 
officers  of  the  House  are  chosen  by  the  mem- 
bers, after  nomination  by  a  caucus  of  the  Rep- 
resentatives who  constitute  a  majority  of  the 
whole  membership. 

13 


OF  THE  CONGRESS 

The  Speaker,  being  a  Representative  in  Con- 
gress from  a  State,  is  entitled  to  mileage  and 
other  privileges  of  membership ;  and  he  may 
vote  whenever  he  chooses,  under  the  rules  of 
the  House.  Should  the  House  be  equally  di- 
vided on  a  question,  the  Speaker  is  required  to 
vote  thereon,  provided  he  has  not  already  voted. 
Or,  if  his  vote  would  cause  an  equal  division  of 
the  House,  and  he  has  not  already  voted,  then 
he  is  required  to  vote ;  and  in  case  of  such  an 
equal  division  the  question  is  lost. 

When  the  House  acts  as  a  committee,  by  it- 
self, the  session  is  known  as  that  of  the  Com- 
mittee of  the  Whole  House  and  is  presided 
over  by  a  member  who  is  called  to  the  chair  by 
the  Speaker.  When  the  sitting  of  the  Commit- 
tee of  the  Whole  House  is  completed,  the  com- 
mittee rises,  and  the  result  of  its  proceedings 
is  reported  to  the  Speaker,  who  has  resumed  the 
chair,  by  the  chairman  of  the  committee. 

To  be  eligible  to  membership  in  the  House 
of  Representatives  one  must  be  at  least  twenty- 
five  years  of  age,  and  have  been  a  citizen  of  the 
United  States  at  least  seven  years. 

The  term  of  office  of  each  member  of  the 
House  of  Representatives  is  two  years. 

Each  Congress  is  in  existence  two  years,  and 
each  is  numbered  from  the  beginning  of  the  first 

H 


OF  THE  CONGRESS 

Congress,  which  assembled  in  1789.  There- 
fore, to  find  the  number  of  any  Congress,  past 
or  to  come,  reckon  the  number  of  years  from 
1789  to  the  year  required,  divide  the  sum  by 
two,  and  the  quotient  will  give  the  number  of 
the  Congress  in  question. 

The  functions  and  powers  of  the  House  in  all 
matters  of  legislation  are  the  same  as  those  of 
the  Senate,  with  few  exceptions.  The  House 
has  no  power  to  act  on  executive  appointments, 
and  none  in  the  ratification  or  rejection  of 
treaties  with  foreign  nations.  But  the  House 
may,  by  delaying  or  withholding  appropriations 
for  treaty  purposes,  hinder  action  thereon. 

Only  the  House  can  prepare  and  present  ar- 
ticles of  impeachment  against  a  civil  officer  of 
the  United  States ;  and  when  the  accused  is 
tried  by  the  Senate,  sitting  as  a  High  Court  of 
Impeachment,  it  is  the  duty  of  the  House  to 
conduct  the  prosecution  ;  this  is  done  by  man- 
agers on  the  part  of  the  House,  with  such  as- 
sistants as  they  may  be  authorized  to  employ. 

All  bills  for  raising  the  revenue  for  public 
purposes  must  originate  in  the  House.  The 
Senate,  when  it  receives  from  the  House  a  bill 
for  raising  the  revenue,  may  alter  and  amend 
such  bill  at  its  pleasure;  or  the  Senate  may 
substitute  for  the  House  bill  another  of  its  own, 


OF  THE  CONGRESS 

which  would  be  in  the  nature  of  an  amendment ; 
but  the  Senate  may  not  originate  any  such  bill. 

The  practice  of  originating  in  the  House  all 
bills  for  the  raising  of  the  public  revenues  has 
led  to  the  prevailing  custom  of  leaving  to  the 
House  the  originating  of  all  bills  appropriating 
large  sums  for  carrying  on  the  Government. 
Usually,  all  such  bills  are  first  drawn  and  con- 
sidered in  the  House,  that  body  having  charge 
of  the  ways  and  means  for  raising  the  money 
needed  for  public  purposes.  But  the  Senate 
may  not  only  alter  and  amend  these  bills  for 
appropriating  money ;  it  may  originate  appro- 
priation bills  and  send  them  to  the  House  for 
its  action. 

No  money  can  be  drawn  from  the  treasury  of 
the  United  States  for  any  purpose  whatever  un- 
less it  has  been  appropriated  for  that  purpose  by 
an  act  of  Congress. 

Each  Territory  is  entitled  to  send  one  Repre- 
sentative to  the  House.  He  is  called  a  Delegate, 
and  although  he  may  speak  on  any  pending 
question,  or  participate  in  the  general  business 
of  the  House,  he  is  not  permitted  to  vote  on 
any  proposition  whatever. 

The  Legislature  of  each  State  is  empowered 
to  divide  its  population  into  districts,  allowing 
to  each  district  the  number  of  persons  fixed 
16 


OF  THE  CONGRESS 

upon  by  act  of  Congress  as  the  basis,  or  unit, 
of  representation  in  the  House  of  Representa- 
tives. 

In  the  case  of  a  vacancy  occurring  in  a  Con- 
gressional district,  by  the  death,  resignation,  or 
disability  of  the  sitting  member,  it  is  the  duty 
of  the  Governor  of  the  State  in  which  said  dis- 
trict is  situated  to  call  a  special  election  to  fill 
the  vacancy  ;  and  the  member  so  chosen  by 
popular  vote  serves  out  the  remainder  of  the 
unexpired  term. 

The  general  elections  for  Congress,  with  a 
very  few  exceptions,  take  place  throughout  the 
United  States  in  November  of  every  other  year. 
Thus  the  elections  for  the  Congress  which  meets 
in  December,  1895,  were  chosen  by  the  people 
in  November,  1894. 

The  Congressional  districts  are,  or  may  be, 
rearranged  by  the  Legislatures  of  the  States 
once  in  ten  years,  as  soon  as  may  be  after  the 
taking  of  the  decennial  census  of  the  population 
under  the  authority  of  the  United  States.  In 
case  the  population  has  increased  to  an  extent 
equal  to  one  unit,  or  more,  prescribed  as  the 
basis  of  representation,  then  that  State  is  en- 
titled to  additional  representation  in  the  House. 
If  the  population  has  diminished,  the  State's 
representation  is  reduced  in  like  manner. 


VI1V1 


OF  THE  CONGRESS 

When  any  State  is  entitled  to  two  or  more 
Representatives  in  Congress,  the  districts  from 
which  each  is  elected  are  numbered,  as  the 
First,  Second,  Third,  etc.  But  any  State  may, 
by  the  action  of  its  Legislature,  choose  to  elect 
all  of  its  Representatives,  or  a  part  of  them,  on 
one  general  ballot  by  all  the  people,  and  not  by 
the  voters  in  the  separate  districts.  Where  one 
Representative  is  so  chosen  by  all  the  voters 
of  a  State,  he  is  called  a  Congressman -at- 
Large. 

The  standing  committees  of  the  House,  to 
whom  are  referred  the  various  matters  of  busi- 
ness appropriate  to  each,  are  appointed  by  the 
Speaker  at  the  beginning  of  each  session. 

GENERAL    PROVISIONS     RELATING   TO    CONGRESS. 

Senators  and  Representatives  in  Congress  are 
paid  an  annual  salary  of  $5,000,  each.  They 
are  also  entitled  to  draw  money  for  the  pay- 
ment of  their  travelling  expenses  at  the  rate  of 
twenty  cents  for  each  mile  travelled  each  way, 
from  and  to  their  homes,  at  each  session  of 
Congress.  Each  Senator  and  Representative  is 
also  entitled  to  draw  $125  a  year  for  stationery 
and  newspapers.  Absence  without  leave  entails 
deduction  from  the  annual  compensation. 
18 


OF  THE  CONGRESS 

It  is  customary  for  members  of  any  legisla- 
tive body  to  make  an  agreement  with  each 
other  by  which  two  members  who  would  have 
voted  on  opposite  sides  of  any  question,  or 
series  of  questions,  shall  refrain  from  voting. 
The  result  is  thus  left  unaffected,  and  one  or 
both  of  the  parties  to  the  agreement  may  be 
absent.  This  is  called  "  a  pair. ' ' 

A  majority  of  all  the  members  of  each  House 
is  necessary  for  the  legal  transaction  of  business ; 
but  a  smaller  number  may  engage  in  debate  un- 
less objection  is  made  by  a  member. 

Either  House  may  by  itself  pass  resolutions 
which  do  not  take  the  form  of  law.  These  may 
express  the  sentiments  of  the  House  passing  such 
resolutions,  or  may  call  on  the  Executive  branch 
of  the  Government  for  information,  etc.  ;  but 
they  have  no  validity,  and  the  Executive  branch 
may  disregard  them  if  it  chooses.  But  a  joint 
resolution,  which  requires  the  concurrence  of 
both  Houses  of  Congress,  has  the  force  and 
effect  of  law  when  duly  passed. 

Neither  House  of  Congress  can  adjourn  for 
more  than  three  days  at  one  time  without  the 
concurrence  of  both  branches.  In  case  the 
two  Houses  shall  fail  to  fix  on  a  day  for  adjourn- 
ment, and  the  disagreement  be  final,  then  the 
President  may  prorogue,  or  declare  adjourned, 

19 


OF  THE  CONGRESS 

that  session  of  Congress.  But  he  may  not 
terminate  a  session  except  in  such  a  case. 

Each  Senator  and  Representative  in  Con- 
gress is  allowed  by  law  a  certain  number  of 
books  and  documents  printed  under  the  au- 
thority and  at  the  expense  of  the  Government. 
To  aid  in  the  circulation  of  these  books  and 
documents,  each  member  of  Congress  is  allowed 
to  send  said  printed  matter  free  through  the 
mails,  under  his  own  signature;  but  no  other 
exercise  of  the  franking  privilege  is  permitted 
to  members. 

The  first  session  of  each  Congress  begins  on 
the  first  Monday  of  the  December  of  the  year 
following  that  in  which  the  Representatives 
were  elected.  Thus  the  members  elected  in 
November,  1894,  do  not  meet  in  regular  ses- 
sion until  the  first  Monday  in  December,  1895. 
But  the  President  may  call  Congress  together 
in  special,  or  extraordinary :  session  at  any 
time  whenever  in  his  opinion  the  public  busi- 
ness shall  require. 

The  second  regular  session  of  Congress  be- 
gins in  like  manner  on  the  first  Monday  of  De- 
cember of  the  second  year  of  its  existence  ;  it 
must  end  on  the  fourth  of  March  next  succeed- 
ing, as  the  life  of  each  Congress  is  terminated 
on  the  fourth  of  March  in  the  second  year  of 
20 


OF  THE  CONGRESS 

its  existence.  The  first  session  of  a  Congress 
closes  when  the  two  Houses,  by  a  concurrent 
vote,  agree  to  adjourn.  Hence  the  first  session, 
which  usually  lasts  until  late  in  the  summer  or 
autumn  after  its  meeting  in  March,  is  called 
the  long  session  ;  the  second,  which  must  end 
on  the  following  fourth  of  March,  is  called  the 
short  session. 

Either  branch  of  Congress  may  be  called  by 
itself  in  special  session  by  the  President  to  con- 
sider any  matter  which  does  not  require  the  co- 
operative action  of  the  other  branch.  But  this 
never  happens  except  when  the  Senate  is  called 
to  consider  executive  business  (treaties  or  nomi- 
nations to  office),  that  may  be  laid  before  it  by 
the  President. 

Congress  may  by  a  joint  resolution  vote  to 
hold  a  special  session  at  any  time  during  its  ex- 
istence. Or  it  may  in  like  manner  vote  to  take 
a  recess  of  any  length  during  its  existence, 
provided  such  recess  does  not  extend  over  the 
date  on  which  the  life  of  that  Congress  is  ter- 
minated by  law. 

Joint  sessions  of  the  Senate  and  House  of 
Representatives  are  rare.  These  are  held  only 
on  ceremonial*  occasions  and  when  the  two 
Houses  meet  to  count  the  votes  for  President 
and  Vice-President. 

21 


OF  THE  CONGRESS 


LEGISLATIVE    METHODS. 

Nearly  all  the  legislative  business  of  Con- 
gress is  prepared  in  the  standing  committees  of 
each  House.  To  each  one  of  these  is  referred 
the  schemes  of  law  which  come  under  the  pur- 
view of  such  committee.  Thus  bills,  or  schemes 
of  law,  relating  to  banks  and  banking  are  sent 
to  the  Committee  on  Banking  and  Currency, 
those  relating  to  the  management  of  the  Indians 
to  the  Committee  on  Indian  Affairs,  and  so  on. 

The  members  of  Congress  are  required  to 
take  an  oath  to  support  the  Constitution  of  the 
United  States,  and  the  officers  of  Congress  are 
required  to  take  an  additional  oath  to  perform 
faithfully  the  duties  of  their  office. 

Bills,  or  schemes  of  law,  are  presented  in 
each  House  by  the  members  of  that  House,  and 
usually  take  the  regular  order,  being  sent  to 
some  one  of  the  standing  committees  designated 
for  that  purpose.  In  due  course  of  time  each 
bill  is  considered  by  the  committee  and  the  de- 
cision thereupon  is  reported  back  to  the  House. 
A  bill  may  be  re-committed,  or  sent  back  to 
the  committee,  or  to  some  other  committee,  as 
often  as  the  Senate  or  House  may  choose.  A 
bill  cannot  pass  either  House  unless  it  has  re- 
22 


OF  THE   CONGRESS 

ceived  the  affirmative  vote  of  a  majority  of  all 
the  members  present  and  voting. 

A  bill  (or  proposed  law)  is  first  written  out 
under  the  direction  of  the  member  of  the  Sen- 
ate, or  House,  who  introduces,  it.  When  he 
has  brought  it  before  the  House  of  which  he  is 
a  member,  it  is  usually  ordered  to  be  printed, 
and  it  is  referred  to  its  appropriate  committee. 
Should  the  committee  agree  that  a  bill  ought  to 
become  a  law,  it  is  brought  back  to  the  House 
with  a  recommendation  that  it  do  pass,  fiut 
if  the  committee  is  of  the  contrary  opinion, 
then  an  adverse  report  is  brought  in,  and  the 
bill  customarily  fails  to  pass.  The  vote  of  a 
majority  of  a  committee  is  necessary  to  deter- 
mine the  favorable,  or  unfavorable,  character  of 
the  report  on  any  bill. 

When  a  bill  has  passed  one  of  the  two 
branches  of  Congress,  it  is  enrolled  on  large 
sheets  of  paper,  signed  by  the  presiding  officer, 
and  secretary  or  clerk  of  the  House  passing  it, 
and  sent  to  the  other  branch  by  one  of  the 
officers  of  said  House.  When  a  bill  has  passed 
both  Houses  of  Congress,  it  is  engrossed  on  large 
sheets  of  parchment,  is  signed  by  the  presiding 
officers  of  both  Houses,  and  the  Secretary  of  the 
Senate  and  Clerk  of  the  House,  and  is  sent  to 
the  President. 

23 


OF  THE  CONGRESS 

Should  the  President  approve  the  bill,  he 
affixes  to  it  his  signature,  and  it  becomes  a  law 
and  is  then  filed  in  the  Department  of  State ; 
and  the  President  notifies  Congress  that  he  has 
so  signed  the  bill. 

Should  the  President  decline  to  approve  a 
bill  so  presented  to  him,  he  may  retain  it  ten 
days  (provided  Congress  remains  in  session), 
and  during,  or  at  the  end  of  that  time,  he  is  re- 
quired to  return  it  to  the  House  of  Congress  in 
which  it  originated,  giving  his  reasons  for  with- 
holding his  approval.  This  act  is  called  send- 
ing in  a  veto  message. 

Congress  may  re-pass  a  bill  that  the  President 
has  vetoed ,.  provided  two- thirds  of  the  members 
of  each  House,  present  and  voting,  agree  to  pass 
the  bill,  the  President's  objections  to  the  con- 
trary notwithstanding. 

In  such  case,  the  bill  becomes  law  without 
the  signature  of  the  President ;  and  the  certifi- 
cate of  the  Secretary  of  State  is  appended 
thereto  in  lieu  of  other  Executive  endorsement. 

Should  Congress  adjourn  at  the  end  of  a 
session,  leaving  in  the  hands  of  the  President 
an  unsigned  bill,  then  the  bill  fails  to  become 
a  law ;  but  it  may  be  taken  up  and  passed  again 
as  a  new  measure  by  both  Houses  of  Congress,  at 
a  subsequent  session.  When  the  President  re- 
24 


OF  THE   CONGRESS 

tains  a  bill  in  this  manner  in  order  to  prevent 
it  from  becoming  a  law,  his  action  is  called  a 
"  pocket  veto  "  of  the  measure. 

Should  the  President  retain  a  bill  in  his  pos- 
session for  ten  days,  while  Congress  remains  in 
session,  without  taking  any  action  thereupon,  it 
becomes  a  law  without  his  signature. 

Each  House  of  Congress  makes  its  own  rules 
for  the  government  of  its  members  and  to  regu- 
late the  transaction  of  business. 

In  the  House,  debate  is  restricted  in  various 
ways.  Set  speeches  are  limited  to  one  hour  in 
delivery,  except  by  unanimous  consent  of  the 
members  present ;  and  the  House  may  at  any 
time  order  "  the  previous  question  "  to  be  taken 
on  any  pending  proposition,  which  has  the  ef- 
fect of  closing  all  debate  whatsoever.  Or,  the 
House  may,  by  vote  of  its  members,  order  that 
no  member  shall  speak  more  than  a  certain 
number  of  minutes  on  a  given  question. 

These  rules  do  not  prevail  in  the  Senate ;  but 
no  Senator  may  speak  more  than  twice  on  the 
same  subject  on  the  same  day  without  leave  of 
the  Senate  ;  this  rule,  however,  is  not  often  en- 
forced. 

In  case  the  two  Houses  of  Congress  cannot 
agree  upon  any  detail  of  legislation  which  has 
been  considered  by  both  Houses,  a  conference 

25 


OF  THE  CONGRESS 

committee,  consisting  of  three  members  of 
each  House  is  appointed  to  consider  the  ques- 
tions relative  to  the  disagreement.  If  the  mem- 
bers of  the  conference  committee  agree  as  to  the 
matters  in  dispute,  then  they  report  that  fact  to 
their  respective  Houses,  and  the  acceptance  of 
the  report  concludes  the  action  of  the  Houses 
on  the  bill.  In  case  the  conference  committee 
fails  to  agree,  and  that  fact  is  reported  to  the  re- 
spective Houses,  another  conference  committee 
is  ordered,  unless  one  of  the  two  Houses  votes 
to  recede  from  its  previous  action  on  the  pend- 
ing bill.  If  no  agreement  is  finally  reached  by 
a  committee  of  conference,  then  the  bill  fails,  as 
the  consent  of  both  Houses  is  requisite  to  the 
enactment  of  a  law,  or  the  passage  of  a  joint  res- 
olution. 

The  salaries  and  compensation  of  all  officers 
of  the  Government  are  fixed  and  determined  by 
Congress,  but  the  salaries  and  emoluments  of  the 
President  of  the  United  States  and  the  judges 
of  the  United  States  courts  may  not  be  dimin- 
ished during  their  continuance  in  office  ;  and 
the  President's  salary  may  not  be  increased 
during  his  official  term. 

When  an  election  for  President  and  Vice- 
President  is  carried  into  the  House  of  Repre- 
sentatives, that  election  is  determined  by  the 
26 


OF  THE  CONGRESS 

action  of  the  Representatives  voting  together 
as  representing  their  State.  In  such  case,  each 
State  is  entitled  to  one  vote  only ;  and  the  sev- 
eral Representatives  must  among  themselves 
decide  for  whom  that  vote  shall  be  cast.  A 
majority  of  all  the  votes  cast  in  the  House  is 
necessary  for  a  choice  of  President. 

In  case  the  choice  of  President  devolves  upon 
the  House  of  Representatives,  that  choice  must 
be  made  before  the  fourth  day  of  March  next  en- 
suing ;  and  if  the  House  fails  to  make  a  choice, 
then  the  Vice-President  becomes  President,  as 
in  case  of  the  death  or  disability  of  the  Pres- 
ident. The  person  having  the  greatest  number 
of  votes  cast  for  Vice-President  is  Vice-Pres- 
ident, provided  he  has  a  majority  of  all  the 
votes  cast  by  the  Electors;  and  if  no  person 
has  a  majority  of  the  votes  of  the  Electors,  the 
Senate  is  required  to  choose  a  Vice-President 
from  the  two  persons  who  stand  first  and  second 
on  the  list  of  persons  voted  for  Vice-President 
by  the  Electors. 

State  elections  may  be  held  in  the  several 
States  at  any  time,  or  on  any  day,  that  the 
Legislature  of  said  State  may  order.  But 
elections  for  the  choice,  or  appointment,  of 
presidential  electors  must  be  held  in  every  State 
of  the  Union  on  one  day — the  Tuesday  follow- 
27 


OF  THE  CONGRESS 

ing  the  first  Monday  of  November,  in  each 
fourth  year. 

The  Electoral  College  of  each  State  must  meet 
in  its  State  capital  on  the  first  Wednesday  of 
the  December  next  succeeding  the  presidential 
election  ;  and  the  counting  of  the  votes  in  the 
presence  of  both  Houses  of  Congress  must  be 
had  on  the  second  Wednesday  of  February  next 
succeeding  the  meeting  of  the  Electoral  Col- 
leges. 

The  President  and  Vice-President  take  office 
at  noon  on  the  fourth  day  of  March  next  suc- 
ceeding the  counting  of  the  votes  by  both 
Houses  of  Congress.  This  induction  into  office 
is  usually  a  public  ceremony ;  but  the  law  does 
not  require  of  either  President  or  Vice-Pres- 
ident anything  at  that  time  but  the  taking  of  an 
oath  to  support  and  defend  the  Constitution  and 
faithfully  to  discharge  the  duties  of  his  office. 


28 


CHAPTER   IV. 
THE   EXECUTIVE   DEPARTMENT 

THE  chief  officer  of  the  Executive  Depart- 
ment of  the  Government  of  the  United 
States  is  the  President.  It  is  his  duty  to  see 
that  the  laws  of  Congress  are  faithfully  exe- 
cuted. 

In  addition  to  his  civil  powers,  the  President 
is  Commander-in- Chief  of  the  Army  and  Navy 
of  the  United  States,  and  of  the  Militia  of  the 
several  States,  when  called  into  the  actual  ser- 
vice of  the  National  Government.  Exercising 
these  functions,  the  President  is  bound  to  see 
that  the  laws  are  executed  and  rebellion  and 
insurrection  suppressed,  by  force  if  necessary. 

The  President  must  be  a  native  of  the  United 
States,  be  at  least  thirty-five  years  of  age,  and 
have  been  a  resident  within  the  jurisdiction  of 
the  United  States  fourteen  years  prior  to  his 
election. 

The  salary  of  the  President  is  fixed  by  Con- 
gress and  may  not  be  increased  or  diminished 
29 


THE   EXECUTIVE   DEPARTMENT 

during  his  official  term.  At  present  his  salary 
is  $50,000  a  year  ;  and  he  is  allowed  the  use 
and  occupancy  of  the  Executive  Mansion  (or 
White  House),  with  certain  employees  who  are 
paid  out  of  the  public  treasury. 

In  case  of  the  death,  resignation,  or  disability 
of  the  President,  he  is  succeeded  by  the  Vice- 
President,  who  then  becomes  President.  The 
Vice-President,  therefore,  must  have  all  the 
qualifications  for  his  office  that  are  required  of 
the  President  as  regards  age  and  nativity. 

The  President  has  the  power  of  negotiating 
treaties  with  foreign  nations  and  of  making  ap- 
pointments to  office  that  are  provided  for  by  law 
under  the  Constitution.  It  is  also  his  duty  to 
lay  before  Congress,  at  the  beginning  of  each 
session  such  information  respecting  the  state  of 
the  country  and  recommendations  relative  to 
the  public  business,  as  he  may  see  fit.  He 
may  also,  from  time  to  time,  communicate  to 
Congress,  by  written  message,  any  information 
or  recommendation  that  he  may  deem  ad- 
visable. 

The  term  of  office  of  the  President  begins  on 
the  fourth  of  March  next  after  his  election,  and 
lasts  four  years  from  that  date.  He  may  be 
impeached  and  removed  by  action  of  Congress, 
as  provided  by  the  Constitution. 

30 


THE   EXECUTIVE  DEPARTMENT 


SUBDIVISIONS      OF      THE       EXECUTIVE       DEPART- 
MENT. 

To  assist  him  in  the  execution  of  the  laws 
the  President  is  allowed,  under  the  authority  of 
Congress,  to  appoint,  with  the  advice  and  con- 
sent of  the  Senate,  certain  officers  who  are  not 
only  heads  of  the  various  sub-departments  of 
the  Executive  branch  of  the  Government,  but 
are  members  of  a  council  or  cabinet. 

Usage,  not  law,  has  given  to  these  officers  the 
functions  of  a  council ;  and  they  are  to  a  cer- 
tain extent  the  advisers  of  the  President ;  but 
their  powers  and  duties  as  councillors  are  not 
recognized  or  defined  by  the  Constitution  ;  and 
the  President,  if  he  chooses,  may  disregard 
their  advice,  omit  to  call  them  together  in  ses- 
sion, or  dismiss  any  one  of  them  at  any  time  ; 
although  the  Constitution  authorizes  the  Presi- 
dent to  "  require  the  opinion,  in  writing,  of  the 
principal  officer  in  each  of  the  executive  depart- 
ments, upon  any  subject  relating  to  the  duties  of 
their  respective  offices. ' ' 

The  departments  of  which  these  officers  are 
the  chiefs  are  as  follows  :  Department  of  State, 
Treasury  Department,  War  Department,  De- 
partment of  Justice,  Post  Office  Department, 


THE  EXECUTIVE   DEPARTMENT 

Navy  Department,  Department  of  the  Interi- 
or, and  Department  of  Agriculture.  There  are 
other  smaller  subdivisions  of  the  Executive 
branch  of  the  Government,  independent  of 
these,  whose  chiefs  report  directly  to  the  Presi- 
dent, but  who  do  not  have  places  in  the  Cabi- 
net of  the  President. 

Each  one  of  these  departments  and  subdivi- 
sions has  been  created  by  acts  of  Congress,  and 
that  body  may  abolish  them,  or  direct  their 
consolidation,  or  otherwise  change  their  func- 
tions and  duties. 

The  annual  salary  of  the  members  of  the 
President's  Cabinet  is  $8,000  each. 

In  case  of  the  inability  of  both  the  President 
and  the  Vice-President  to  exercise  the  functions 
of  Chief  Executive,  the  duties  of  that  office  de- 
volve upon  the  members  of  the  Cabinet  in  the 
following  order,  provided  that  the  officer  so 
succeeding  has  the  requisite  qualifications  of 
age,  nativity,  etc.,  and  has  been  previously 
confirmed  by  the  Senate :  The  Secretary  of 
State,  the  Secretary  of  the  Treasury,  the  Secre- 
tary of  War,  the  Attorney-General,  the  Post- 
master-General, the  Secretary  of  the  Navy,  the 
Secretary  of  the  Interior.  The  officer  so  suc- 
ceeding to  the  presidential  office  thereby  vacates 
his  place  at  the  head  of  a  department,  and  he 

32 


THE   EXECUTIVE  DEPARTMENT 

serves  out  the  tmexpired  term  of  the  person 
whom  he  has  succeeded. 

It  is  the  duty  of  the  heads  of  the  eight  Ex- 
ecutive departments  of  the  Government  to  make 
annual  reports  to  the  President ;  and  these  re- 
ports are  transmitted  to  Congress  by  the  Presi- 
dent along  with  his  annual  message.  It  is  also 
their  duty  to  make  special  reports  on  subjects 
relating  to  their  offices  whenever  required  to  do 
so  by  Congress,  or  by  the  President. 

Official  correspondence  of  the  various 
branches  of  the  Executive  department  of  the 
Government,  and  public  documents  emanating 
therefrom,  are  permitted  to  be  transmitted  free 
through  the  mails  under  the  frank  of  officers 
designated  for  that  purpose.  But  this  franking 
privilege  does  not  extend  to  persons  addressing 
the  departments,  and  its  exercise  by  officers  is 
confined  strictly  to  official  business. 

The  Department  of  State. — This  is  one  of 
the  three  Executive  departments  originally 
created  by  Congress  at  the  foundation  of  the 
Government.  The  Secretary  of  State  is  some- 
times (but  erroneously)  styled  the  Prime  Minis- 
ter, or  Premier.  There  is  no  such  officer  in  the 
Government  of  the  Republic.  The  functions 
of  the  Secretary  of  State  chiefly  relate  to  the 
foreign  affairs  and  relations  of  the  Government ; 


THE  EXECUTIVE  DEPARTMENT 

and  he  is  also  the  medium  of  communication 
between  the  Executive  of  the  United  States  and 
the  executive  authorities  of  the  several  States. 
He  is  also  the  organ  of  communication  with  all 
other  governments ;  and,  with  the  approval  of 
the  President,  he  conducts  the  correspondence 
with  ministers  and  consuls  residing  abroad,  and 
with  diplomatic  representatives  of  other  nations, 
whether  in  the  United  States  or  abroad.  He 
has  charge  of  all  treaties,  and  of  the  engrossed 
laws  of  the  United  States,  and  is  the  custodian 
of  the  great  seal  of  the  United  States ;  he  pub- 
lishes the  laws  and  resolutions  of  Congress,  and 
all  treaties  and  executive  proclamations ;  he 
also  records  and  issues  passports  to  Americans 
travelling  abroad,  and  countersigns  state  papers 
that  may  be  issued  by  the  President. 

The  Secretary  of  State  is  aided  in  the  dis- 
charge of  the  duties  of  his  office  by  three  As- 
sistant Secretaries  of  State,  one  of  whom,  in 
the  absence  or  disability  of  the  chief  officer, 
may  act  as  Secretary  of  State. 

The  routine  business  of  the  Department  of 
State  is  transacted  in  several  bureaus,  as  ar- 
chives and  indexes,  diplomatic,  consular,  ac- 
counts, rolls  and  library,  statistics,  etc. 

The  foreign  intercourse  of  the  United  States 
is  conducted  abroad,  under  the  direction  of  the 

34 


THE  EXECUTIVE  DEPARTMENT 

President  and  the  Secretary  of  State,  by  am- 
bassadors, ministers,  consuls,  and  commercial 
agents. 

Diplomatic  duties  are  discharged  by  ambas- 
sadors who  are  accredited  to  the  governments 
of  France,  Germany,  Great  Britain,  and  Italy, 
and  by  ministers  resident  and  ministers  pleni- 
potentiary, or  envoys  extraordinary,  who  are 
accredited  to  other  foreign  governments.  These 
officers  receive  an  annual  compensation,  or  sal- 
ary, varying  from  $17,500  to  $5,000,  each. 

To  each  embassy,  or  legation  of  the  United 
States,  in  foreign  parts,  are  attached  a  secretary 
and  a  staff  of  clerks,  as  the  duties  of  the  place 
may  require. 

Whenever  the  chief  officer  of  an  embassy, 
or  legation,  is  absent  or  disabled,  the  officer 
designated  to  discharge  temporarily  the  duties 
of  the  post  is  styled  charge  d"*  affaires  ad  in- 
terim. 

The  consular  service  includes  consuls-general, 
consuls,  and  commercial  agents.  Their  chief 
duties  and  powers  relate  to  the  commercial  in- 
terests of  the  United  States  and  include  the 
protection  of  American  citizens  and  sailors 
abroad,  the  ascertainment  of  ruling  prices  of 
goods  in  foreign  markets,  and  the  verification 
of  invoices  of  goods  shipped  to  the  United 

35 


THE   EXECUTIVE   DEPARTMENT 

States.  Nearly  all  of  these  officers  are  paid 
an  annual  salary ;  those  at  the  least  important 
posts  derive  their  compensation  from  fees. 

In  certain  countries  where  the  United  States 
exercises  ex-territorial,  or  special,  jurisdiction, 
the  consular  officers  sit  in  a  tribunal  which  has 
jurisdiction  in  criminal  and  civil  cases  in  which 
citizens  of  the  United  States  may  be  either 
plaintiff,  or  defendant,  or  both. 

The  Treasury  Department. — This  is  the 
second  of  the  three  original  Executive  depart- 
ments ;  it  is  also  the  most  extensive  and  com- 
plex of  all  the  subdivisions  of  the  Government. 

The  Secretary  of  the  Treasury  is  forbidden  to 
be  engaged  in  the  transaction  of  the  business 
of  trade  or  commerce.  He  has  charge  of  the 
finances  of  the  Government  and  is  custodian 
of  its  funds.  He  is  required  to  keep  the  pub- 
lic accounts,  prepare  plans  to  provide  a  public 
revenue  and  to  maintain  the  public  credit,  and 
to  report  to  Congress  what  sums  of  money  are 
required  to  carry  on  the  Legislative,  Executive 
and  Judicial  branches  of  the  Government. 

In  addition  to  this,  it  is  the  duty  of  the 
Secretary  of  the  Treasury  to  superintend  the 
collection  of  the  revenue,  issue  all  warrants  on 
which  money  may  be  drawn  from  or  paid 
into  the  treasury  of  the  United  States ;  manage 

36 


THE   EXECUTIVE   DEPARTMENT 

the  public  debt,  coinage,  and  currency  ;  super- 
vise the  national  banks,  the  internal  revenue 
service,  the  customs  establishment,  the  revenue 
marine,  the  light-house  system,  the  coast  and 
geodetic  survey,  the  life  -  saving  service,  the 
marine  hospitals,  the  commercial  marine  of  the 
United  States,  steamboat  inspection,  and  con- 
struction of  public  buildings. 

The  Secretary  of  the  Treasury  is  aided  in 
the  discharge  of  his  duties  by  three  Assistant 
Secretaries,  to  whom  various  subdivisions  of 
labor  are  assigned ;  and  one  of  these,  in  the 
absence  or  disability  of  the  Secretary,  may  act 
in  his  stead. 

The  other  principal  subdivisions  of  the 
Treasury  Department  are  in  charge  of  the  chief 
clerk,  first  and  second  comptrollers,  the  first, 
second,  third,  fourth,  fifth,  and  sixth  auditors, 
the  treasurer,  the  register  of  the  treasury,  the 
director  of  the  mint,  the  comptroller  of  the 
currency,  the  commissioner  of  customs,  the 
commissioner  of  internal  revenue,  the  commis- 
sioner of  navigation,  the  superintendent  of 
coast  and  geodetic  survey,  supervising  inspector- 
general  of  steam-vessels,  supervising  surgeon- 
general  of  marine  hospital  service,  general 
superintendent  of  the  life-saving  service,  super- 
vising architect,  chief  of  bureau  of  statistics, 

37 


THE  EXECUTIVE   DEPARTMENT 

chief  of  bureau  of  printing  and  engraving,  su- 
perintendent of  immigration,  and  president  of 
light-house  board. 

The  duties  of  most  of  these  officers  are  in- 
dicated by  their  titles.  In  addition  to  this  it 
may  be  explained  that  the  first  comptroller 
countersigns  all  warrants  issued  by  the  Secretary 
of  the  Treasury,  whether  designed  to  transfer 
the  public  revenues  to  the  treasury  or  to  draw 
moneys  therefrom  ;  and  he  also  receives,  ex- 
amines, and  reports  upon  a  variety  of  public  ac- 
counts. The  second  comptroller,  in  like  man- 
ner, has  charge  of  such  accounts  as  do  not  pass 
through  the  office  of  the  first  comptroller. 

The  six  auditors  receive,  examine,  audit  and 
refer  to  the  two  comptrollers  the  public  ac- 
counts, to  each  auditor  being  allotted  certain 
classes  of  accounts,  as  those  of  the  consular  and 
diplomatic  service,  the  postal  service,  army  pen- 
sions, etc. 

The  War  Department. — This  is  the  third  of 
the  three  Executive  departments  originally 
created  at  the  foundation  of  the  Government. 
The  Secretary  of  War  is  charged  with  all 
matters  relating  to  the  army,  and  generally  of 
the  military  establishment,  including  fortifica- 
tions, arsenals,  etc.  He  is  under  the  direction 
of  the  President,  and  has  custody  of  all  papers, 

38 


THE   EXECUTIVE   DEPARTMENT 

records  and  other  documents  relating  to  the 
army ;  also  he  is  charged  with  the  superintend- 
ence of  the  purchase  and  distribution  of  mili- 
tary stores  and  supplies,  all  military  transpor- 
tation, the  signal  service  and  meteorological 
records,  the  military  academy,  the  disburse- 
ment of  money  appropriated  for  the  improve- 
ment of  rivers  and  harbors  and  their  survey, 
the  supply  of  arms,  accoutrements,  and  muni- 
tions of  war,  and  the  establishment  of  harbor 
lines  and  the  approval  of  bridges  over  naviga- 
ble streams  that  may  be  authorized  by  act  of 
Congress. 

The  Secretary  of  War  is  aided  in  the  dis- 
charge of  his  duties  by  an  Assistant  Secretary, 
who  may,  in  the  absence  of  his  chief,  act  in  his 
stead.  The  other  principal  civil  officer  of  the 
department  is  the  chief  clerk,  who  has  charge 
of  the  official  mail  and  who  discharges  certain 
routine  duties. 

The  general  business  of  the  War  Department 
is  transacted  in  the  military  subdivisions,  or 
bureaus,  the  chiefs  of  which  are  officers  of  the 
army  who  are  assigned  to  these  duties  and  each 
of  whom  receives  the  pay  of  a  brigadier-general. 
These  bureaus  are  as  follows  :  Adjutant-General, 
Inspector-General,  Quartermaster-General,  Com- 
missary-General, Surgeon-General,  Paymaster- 

39 


THE  EXECUTIVE   DEPARTMENT 

General,  Chief  of  Engineers,  Chief  of  Ord- 
nance, Judge-Advocate-General,  Chief  Signal 
Officer. 

The  Adjutant-General  issues  the  orders  of 
the  President,  the  Secretary  of  War,  and  the 
General  commanding  the  army.  He  also  con- 
ducts the  correspondence  of  the  office  with  the 
army,  issues  commissions,  receives  resignations 
and  reports,  keeps  the  muster-rolls,  and  is  cus- 
todian of  the  roster  and  records  of  the  army. 
The  Inspector- General  inspects  and  reports 
upon  the  condition  of  the  army,  the  military 
posts,  and  the  accounts  of  disbursing  offi- 
cers. The  Quartermaster-General  has  charge  of 
transportation,  equipage,  forage,  clothing,  etc. 
The  Commissary-General  has  charge  of  the 
subsistence  of  the  army  and  the  purchase  of  ra- 
tions. The  Surgeon-General  supervises  the 
medical  department  of  the  army,  including 
military  hospitals.  The  Paymaster  -  General 
keeps  the  accounts  and  disburses  the  pay  of  the 
army.  The  Chief  of  Engineers  is  command- 
er of  a  corps  that  is  charged  with  the  care  of 
fortifications,  military  bridges,  and  river  and 
harbor  surveys  and  improvements,  etc.  The 
Chief  of  Ordnance  has  charge  of  all  arms  and 
munitions  of  war,  artillery,  arsenals,  and  weap- 
ons. The  Chief  Signal  Officer  superintends 
40 


THE   EXECUTIVE   DEPARTMENT 

the  signal  service  and  the  meteorological,  or 
weather  bureau.  The  Judge  Advocate- General 
receives  and  reviews  proceedings  of  courts- 
martial  and  other  military  tribunals,  and  fur- 
nishes opinions  and  reports  on  legal  questions 
when  called  upon  by  the  Secretary  of  War. 

The  United  States  Military  Academy  is  es- 
tablished for  the  purpose  of  training  young 
men  to  serve  as  officers  of  the  army.  Each 
Representative  and  Delegate  in  Congress  is 
authorized  to  appoint  a  cadet  at  the  academy, 
provided  the  appointment  previously  made  for 
his  district  has  expired.  In  addition  to  these, 
there  are  ten  appointments  at  large,  and  one 
for  the  District  of  Columbia,  which  are  filled 
by  the  President.  The  course  of  instruction 
lasts  four  years,  and  the  cadets,  while  at  the 
academy,  are  under  strict  military  discipline. 
The  officers  of  the  establishment  are  detailed 
from  the  army,  and  the  establishment  is  subject 
to  the  articles  of  war.  On  graduation,  provided 
there  are  vacancies  in  the  army,  each  cadet  is 
commissioned  as  second  lieutenant  and  assigned 
to  duty.  In  case  there  are  few  vacancies  in  the 
army,  the  graduating  cadets,  or  so  many  of 
them  as  may  exceed  the  number  of  vacancies 
to  be  filled,  are  honorably  discharged  with  the 
payment  of  one  year's  annual  salary.  Cadets, 


THE   EXECUTIVE   DEPARTMENT 

while  at  the  academy,  are  allowed  an  annual 
salary  of  $500. 

The  Department  of  Justice. — The  chief  offi- 
cer of  this  department  is  the  Attorney -General. 
His  office  was  created  in  1789  ;  but  the  Attor- 
ney-General was  not  made  a  member  of  the 
President's  cabinet  until  1814  ;  and  the  Depart 
ment  of  Justice  was  not  organized  under  that 
title  as  one  of  the  executive  departments  of  the 
Government  until  1870,  when  Congress  placed 
under  the  supervision  of  the  Attorney-General 
the  various  law  officers  of  the  Government 
whose  functions  are  to  interpret  and  apply  the 
statutes  governing  the  business  of  the  several 
departments  and  bureaus  and  to  prosecute  vio- 
lations of  the  law  in  certain  cases. 

The  Attorney-General  is  the  head  of  the  De- 
partment of  Justice  and  is  the  chief  law  officer 
of  the  Government.  He  advises  the  President 
and  other  executive  officers  of  the  Government, 
when  required,  on  questions  of  law.  He  also 
exercises  a  general  supervision  over  the  United 
States  attorneys  and  marshals  in  the  judicial 
circuits  and  districts  of  the  several  States  and 
Territories  ;  and  he  provides  special  counsel  for 
the  United  States  when  requested  to  do  so  by 
any  of  the  executive  departments.  Either  he 
or  the  Solicitor- General  conducts  and  argues 
42 


THE   EXECUTIVE   DEPARTMENT 

before  the  United  States  Supreme  Court  and 
the  Court  of  Claims  all  cases  in  which  the 
Government  is  a  party  to  the  suit. 

The  Solicitor-General  assists  the  Attorney- 
General  in  the  discharge  of  his  duties,  and  in 
the  absence  or  disability  of  that  officer  he  is 
the  acting  Attorney-General.  The  Solicitor- 
General  may  be  sent  by  the  Attorney- General 
to  represent  the  United  States  in  any  case 
brought  in  any  State  or  United  States  court,  or 
foreign  tribunal,  when  the  interests  of  the 
Government  may  require. 

Four  Assistant  Attorneys-General  assist  the 
Attorney-General  and  the  Solicitor-General  in 
the  discharge  of  their  duties.  These  are  charged 
with  the  argument  and  preparation  of  causes  in 
the  Supreme  Court,  the  defence  of  the  United 
States  in  the  Court  of  Claims,  and  the  defence 
of  claims  for  Indian  depredations. 

The  different  law  officers  of  the  various  exec- 
utive departments  exercise  their  functions  under 
the  supervision  of  the  Department  of  Justice. 
These  are  the  Assistant  Attorney -General  for 
the  Department  of  the  Interior,  the  Assistant 
Attorney-General  for  the  Post-Office  Depart- 
ment, the  Solicitor  of  the  Treasury,  the  Solicitor 
of  Internal  Revenue,  and  the  Solicitor  for  the 
Department  of  State.  The  legal  advisers  of 

43 


THE   EXECUTIVE   DEPARTMENT 

the  War  and  Navy  departments  are  a  Judge- 
Advocate-General  in  each. 

The  Department  of  Justice  is  also  charged 
with  the  business  management  of  the  judicial 
department  of  the  Government,  including  the 
appointment,  or  recommendation  for  appoint- 
ment, of  judges,  attorneys,  marshals,  and  other 
officers  of  United  States  courts  in  all  the  States 
and  Territories,  and  the  examination  and  allow- 
ance of  the  accounts  of  the  same. 

The  district  attorneys  (whose  official  title  is 
assistant  attorney  of  the  United  States)  and  the 
United  States  marshals  are  appointed  for  four 
years  by  the  President,  with  the  advice  and 
consent  of  the  Senate  ;  they  are  paid  partly  by 
salaries  and  partly  by  fees,  but  their  compensa- 
tion is  limited  by  law  to  a  maximum  of  $6,000 
a  year.  Clerks  of  the  United  States  courts  are 
appointed  by  the  judges  and  are  paid  by  fees, 
their  total  compensation  being  limited  by  law. 

The  Post- Office  Department. — This  depart- 
ment was  created  by  act  of  Congress  in  1794  ; 
but  the  office  of  Postmaster-General  had  been 
in  existence  since  the  foundation  of  the  Gov- 
ernment. The  Postmaster- General  did  not  be- 
come a  member  of  the  President's  cabinet  until 
1829. 

The  Postmaster-General  has  the  direction  and 

44 


THE  EXECUTIVE  DEPARTMENT 

management  of  the  Post  -  Office  Department. 
He  appoints  all  its  officers  and  employees,  with 
the  exception  of  the  four  Assistant  Postmasters- 
General,  who  are  appointed  by  the  President, 
with  the  advice  and  consent  of  the  Senate.  He 
also  appoints  all  postmasters  whose  compensa- 
tion does  not  exceed  $1,000  per  annum;  all 
others  are  appointed  by  the  President  and  Sen- 
ate and  are  called  presidential  postmasters. 
The  Postmaster-General  also  (with  the  advice 
and  consent  of  the  President)  makes  postal 
treaties  with  foreign  governments,  awards  con- 
tracts, and  directs  the  management  of  the  do- 
mestic and  foreign  mail  service  of  the  United 
States. 

The  Postmaster  -  General  has  the  power  to 
establish  and  discontinue  post  -  offices  (but  not 
post-roads)  ;  to  control  the  styles  of  and  the 
times  for  issuing  and  recalling  postal  stamps, 
envelopes,  wrappers,  etc.;  to  prescribe  the 
manner  of  keeping  and  transmitting  accounts 
of  postal  employees,  and  to  control  the  ex- 
penditure of  the  moneys  that  may  be  appropri- 
ated for  the  maintenance  of  the  postal  service. 

In  case  of  the  absence,  death,  or  disability 
of  the  Postmaster-General,  the  duties  of  his 
office  are  discharged  by  some  one  of  the  four 
Assistant  Postmasters- General,  in  the  order  of 

45 


THE   EXECUTIVE  DEPARTMENT 

their  rank ;  and  the  officer  thus  temporarily  in 
charge  is  Acting  Postmaster-General. 

The  duties  of  the  four  Assistant  Postmasters- 
General  are  divided  in  such  a  way  as  to  place 
in  each  bureau  several  allotments  of  the  routine 
business  of  the  department. 

The  First  Assistant  Postmaster-General  has 
charge  of  the  following  subdivisions  :  salaries 
and  allowances,  free  delivery,  money-orders, 
dead  letters,  and  correspondence. 

The  Second  Assistant  Postmaster  -  General 
has  charge  of  the  transportation  of  all  mails, 
and  his  bureau  embraces  six  subdivisions,  as 
follows  :  contracts,  inspection,  railway  adjust- 
ment, mail  equipment,  railway  mail  service, 
foreign  mails. 

The  Third  Assistant  Postmaster-General  has 
charge  of  the  finance  department  of  the  ser- 
vice; and  the  subdivisions  of  his  office  are 
those  of  accounts  and  finances,  postage- stamps 
and  stamped  envelopes,  registered  letters,  classi- 
fication of  mail  matter,  special  delivery,  and  of- 
ficial files  and  indexes. 

The  Fourth  Assistant  Postmaster- General  has 
general  charge  of  .the  bureau  of  appointments, 
of  bonds  and  commissions  of  appointees,  of 
post-office  inspectors  and  of  depredations  on 
the  mails,  and  violations  of  the  postal  laws. 
46 


THE   EXECUTIVE   DEPARTMENT 

The  salaries  of  the  postmasters  of  the  United 
States  are  fixed  by  law  ;  and  those  who  do  not 
receive  annual  salaries  are  compensated  by  com- 
missions determined  on  the  amounts  of  the  re- 
ceipts of  the  respective  offices. 

The  Department  of  the  Navy. — This  depart- 
ment and  the  office  of  Secretary  of  the  Navy 
were  created  by  act  of  Congress,  in  1798. 
Previous  to  that  time  the  affairs  of  the  navy 
were  administered  by  the  Secretary  of  War. 
There  is  no  law  of  Congress  under  which  the 
Secretary  has  been  made  a  member  of  the  cabi- 
net of  the  President ;  but  usage  has  permitted 
this.  The  Secretary  exercises  over  the  man- 
agement of  the  navy  the  same  functions  that 
are  exercised  over  the  affairs  of  the  army  by 
the  Secretary  of  War.  He  performs  such  du- 
ties as  the  President,  who  is  Commander-in- 
Chief,  may  assign  to  him ;  and  he  has  general 
superintendence  of  construction,  manning, 
equipment,  armament,  detail,  and  employment 
of  the  vessels  of  war. 

The  other  principal  civil  officers  of  the 
department  are  an  Assistant  Secretary  of  the 
Navy  and  a  chief  clerk.  The  Assistant  Secre- 
tary performs  such  duties  as  may  be  assigned 
to  him  by  the  Secretary,  and  in  case  the  Secre- 
tary of  the  Navy  becomes  disabled  or  is  for  any 

47 


THE  EXECUTIVE  DEPARTMENT 

reason  unable  to  discharge  the  duties  of  his 
office,  the  Assistant  becomes  Acting  Secretary 
of  the  Navy. 

The  routine  business  of  the  department  is 
transacted  in  eight  bureaus,  the  chiefs  of  which 
are  officers  of  the  navy  who  are  detailed  for 
this  duty.  Each  of  these  officers  must  have 
reached  the  rank  of  captain  ;  and  the  pay  of 
the  officers  is  $5,000  a  year  while  on  duty. 

The  bureaus  of  the  Navy  Department,  like 
those  of  the  War  Department,  are  charged 
with  duties  so  classed  as  to  embrace  the  several 
branches  of  the  service  ;  they  are  as  follows : 
yards  and  docks,  equipment  and  recruiting, 
navigation,  ordnance,  construction  and  repair, 
steam  engineering,  provisions  and  clothing, 
medicine  and  surgery,  supplies  and  accounts. 

In  addition  to  these  the  Navy  Department 
has  supervision  of  the  Naval  Academy,  the  Naval 
Observatory,  and  a  hydrographic  office  which 
provides  charts,  sailing  directions,  etc.,  to  the 
vessels  of  the  navy  and  for  the  use  of  navigators 
generally. 

The  Bureau  of  Yards  and  Docks  has  charge  of 
all  buildings  and  other  structures  within  the 
limits  of  the  naval  reservations  of  the  United 
States,  but  not  of  hospitals  and  magazines  out- 
side of  those  limits.  The  bureau  is  responsi- 
48 


THE  EXECUTIVE  DEPARTMENT 

ble  for  the  care  and  maintenance  of  all  such 
buildings  and  grounds  and  the  appliances  re- 
quired thereupon. 

The  Bureau  of  Equipment  is  charged  with  the 
duty  of  providing  for  the  equipment  of  the 
naval  vessels  with  ship  stores,  supplies,  rigging, 
fuel,  apparatus,  and  all  other  appliances  that 
may  not  be  otherwise  provided  for  in  the  duties 
of  other  subdivisions  of  the  department. 

The  duties  of  the  Bureau  of  Ordnance  com- 
prise all  that  relate  to  the  manufacture  of  naval 
ordnance  and  ammunition,  the  armament  of 
vessels  of  war,  the  arsenals  and  magazines,  the 
trials  and  tests  of  ordnance,  arms  and  ammu- 
nition, torpedo  stations  and  experimental  bat- 
teries. 

The  chief  of  the  Bureau  of  Construction  and 
Repairs  has  charge  of  all  dry  docks  and  all  ves- 
sels undergoing  repairs  ;  the  designing,  building, 
and  fitting-out  of  vessels,  and  the  armor  of  iron- 
clads. 

The  chief  of  the  Bureau  of  Steam  Engineering 
directs  and  supervises  the  designing,  construc- 
tion, fitting-out,  and  repairing  of  the  steam 
marine  engines,  boilers,  and  other  appurtenances 
employed  on  the  vessels  and  in  the  workshops 
of  the  naval  establishment. 

The  chief  of  the    Bureau  of  Provisions  and 

49 


THE  EXECUTIVE  DEPARTMENT 

Clothing  has  charge  of  the  purchase  and  distri- 
bution of  provisions,  clothing,  small  stores,  and 
water  for  drinking  and  cooking  purposes,  on 
board  the  vessels  of  the  navy. 

The  chief  of  the  Bureau  of  Medicine  and  Sur- 
gery has  charge  of  everything  relating  to  the 
conduct  and  maintenance  of  the  medical  depart- 
ment of  the  navy  and  naval  hospitals. 

The  Bureau  of  Supplies  and  Accounts  has 
charge  of  all  the  accounts  of  the  naval  estab- 
lishment, except  those  otherwise  provided  for ; 
and  it  is  the  office  of  the  Paymaster-General  of 
the  Navy,  who  is  charged  with  the  duty  of  pay- 
ing officers,  enlisted  men,  and  civil  employees 
of  the  navy. 

The  Judge-Advocate-General,  under  direc- 
tion of  the  Secretary  of  the  Navy,  receives,  re- 
vises, reports  upon  and  records  the  proceedings 
of  all  courts-martial  and  courts  of  inquiry  in  the 
navy,  examines  claims,  and  is  the  law  officer  of 
the  department. 

The  Commandant  of  the  Marine  Corps  is  re- 
sponsible for  the  general  efficiency  and  disci- 
pline of  the  corps,  distributes  the  officers  and 
men,  and  executes  such  orders  and  instructions 
as  may  be  necessary  for  the  employment  and 
recruiting  of  that  force. 

Attached  to  the  Navy  Department  are  these 


THE  EXECUTIVE  DEPARTMENT 

boards  and  officers :  naval  war  records,  nauti- 
cal almanac,  inspection  and  survey,  naval  in- 
telligence, museum  of  hygiene,  naval  examin- 
ing board,  retiring  board,  medical  examining 
board,  hydrography,  and  naval  intelligence. 

The  Naval  Academy  was  established  by  act  of 
Congress,  in  1845,  for  the  purpose  of  educating 
and  training  young  men  as  officers  of  the  navy. 
One  cadet  is  appointed  by  each  member  of  Con- 
gress, or  Territorial  Delegate,  provided  appoint- 
ments for  the  district  represented  have  previous- 
ly expired.  There  are,  in  addition  to  these, 
ten  appointments  at  large  and  one  appointment 
for  the  District  of  Columbia,  to  be  made  by  the 
President.  The  term  of  a  cadet  is  for  six  years, 
the  last  two  years  being  spent  on  sea  duty.  On 
final  graduation,  the  cadets  are  assigned  to  duty 
in  some  one  of  the  divisions  of  the  naval  service, 
with  the  rank  of  ensign.  Cadets  not  assigned 
to  service  after  graduation  are  honorably  dis- 
charged with  one  year's  pay.  The  pay  of  a 
cadet  during  his  term  at  the  academy  is  $500 
a  year  ;  and  he  is  allowed  an  increase  in  pay 
for  additional  expenses  while  on  a  cruise  before 
final  graduation  and  commission  as  ensign. 

The  Department  of  the  Interior. — This  de- 
partment was  created  by  act  of  Congress  in 
1849,  and  was  called,  in  that  act,  The  Home 


THE  EXECUTIVE   DEPARTMENT 

Department ;  but  usage  has  substituted  the 
name  by  which  it  is  now  universally  and  offi- 
cially known.  The  Secretary  of  the  Interior  is 
by  usage  a  member  of  the  President's  cabinet ; 
but  there  is  no  authority  in  law  for  the  custom. 
Before  the  establishment  of  the  Department  of 
the  Interior,  the  functions  of  the  department 
were  distributed  among  the  executive  depart- 
ments then  in  existence,  excepting  the  office  of 
Attorney-General. 

The  Secretary  of  the  Interior  is  charged  with 
the  supervision  of  all  public  business  relating  to 
patents  for  inventions ;  bounty  lands  and  pen- 
sions; the  survey  and  sale,  or  other  disposition, 
of  the  public  lands ;  the  Indians,  education,  rail- 
roads, the  geological  surveys,  the  census  of 
the  United  States,  reservations  other  than  mil- 
itary or  naval,  distribution  of  appropriations 
for  mechanical  and  agricultural  colleges  in  the 
United  States ;  public  hospitals  and  charitable 
institutions  in  the  District  of  Columbia,  and 
certain  duties  and  powers  in  relation  to  the  Ter- 
ritories of  the  United  States. 

The  Secretary  of  the  Interior  is  aided  in  .the 
discharge  of  his  duties  by  two  Assistant  Secre- 
taries. The  First  Assistant  Secretary  considers 
a  certain  class  of  appeals  from  the  Commission- 
er of  the  General  Land  Office ;  examines  com- 

52 


THE   EXECUTIVE   DEPARTMENT 

plaints  against  officers  and  employees  of  the 
department ;  instructs  Indian  and  mine  inspect- 
ors ;  supervises  purchases  of  Indian  supplies, 
and  all  matters  relating  to  the  Indian  bureau 
service,  generally ;  has  oversight  of  the  afore- 
mentioned Government  reservations,  and  of  the 
governmental  institutions  in  the  District  of 
Columbia,  and  acts  as  Secretary  of  the  In- 
terior in  the  absence  of  that  officer. 

The  Second  Assistant  Secretary  of  the  In- 
terior considers  appeals  from  the  Commissioner 
of  Pensions,  generally  supervises  the  business 
matters  relating  to  violations  of  the  pension 
laws,  and  decisions  in  the  Patent  Office,  and 
has  the  examination  of  official  bonds  and  con- 
tracts. 

The  Chief  Clerk  has  the  general  supervision 
of  the  clerks  and  employees  of  the  department, 
the  correspondence  of  the  department,  and  of 
the  printing  and  general  order  of  the  establish- 
ment. 

The  Commissioner  of  Patents  is  charged  with 
the  duty  of  examining  all  applications  for  pat- 
ents for  inventions  and  the  renewal  of  patents 
already  granted,  and  the  registration  of  trade- 
marks and  labels.  He  supervises  all  matters  re- 
lating to  the  issue  of  letters-patent  for  such  in- 
ventions. 

53 


THE  EXECUTIVE  DEPARTMENT 

The  Commissioner  of  Pensions  supervises  the 
examination  and  adjudication  of  all  claims  aris- 
ing under  the  laws  of  Congress  granting  bounty 
land  or  pensions  to  any  person  on  account  of 
services  rendered  to  the  United  States. 

The  Commissioner  of  the  General  Land 
Office  is  charged  with  the  survey,  mapping,  sale 
or  other  disposition  of  the  public  lands,  under 
the  authority  of  the  laws  of  Congress. 

The  Commissioner  of  Indian  Affairs  has 
charge  of  all  matters  relating  to  the  various  In- 
dian tribes  that  are  under  the  care  of  the  United 
States,  whether  in  the  States  or  the  Territories. 
He  issues  instructions  and  receives  reports  from 
agents  and  school  superintendents;  and  he 
superintends  the  purchase  and  distribution  of 
supplies  and  presents  for  the  Indians  and  the 
payment  of  annuities  due  them,  subject  to  the 
orders  of  the  Secretary  of  the  Interior. 

The  Commissioner  of  Education  collects  such 
statistics  and  facts  as  may  relate  to  the  condi- 
tion and  progress  of  education  in  the  United 
States,  publishes  and  disseminates  such  infor- 
mation, and  generally  aids  in  the  promotion 
of  popular  education  throughout  the  United 
States. 

The  Commissioner  of  Railroads  prescribes  a 
system  of  reports  to  be  rendered  to  him  by  rail- 

54 


THE   EXECUTIVE   DEPARTMENT 

road  companies  whose  roads  have  been  aided  in 
their  construction  by  grants  of  land,  loans,  or 
subsidy  in  bonds  by  the  Government.  It  is 
his  duty  to  see  that  the  laws  relating  to  the 
management  of  such  railroads  are  strictly  com- 
plied with ;  and  he  is  obliged  by  law  to  make 
an  annual  report  which  shall  fully  set  forth  all 
matters  relating  to  these  and  other  railroads 
that  may  be  useful  for  the  information  of  Con- 
gress. 

The  Superintendent  of  the  Census  supervises 
the  taking  of  the  decennial  census  of  the  United 
States  and  the  subsequent  publication  of  in- 
formation so  collected ;  such  information  re- 
lates not  only  to  the  numbers  of  the  population 
of  the  States  and  Territories,  but  to  the  wealth 
and  industry,  social  condition,  educational  ac- 
quirements, and  other  characteristics  of  the 
people  of  the  United  States. 

The  Department  of  Agriculture. — This  De- 
partment was  established  by  act  of  Congress, 
May  15,  1862.  The  chief  officer  of  the  de- 
partment was  a  Commissioner  who  had  no  seat 
in  the  cabinet  of  the  President.  Congress  sub- 
sequently (in  1889)  created  the  office  of  Sec- 
retary of  Agriculture,  and  that  officer  was  as- 
signed to  a  seat  in  the  cabinet. 

The  Secretary  of  Agriculture  supervises  all 

55 


THE   EXECUTIVE   DEPARTMENT 

business  relating  to  the  industry  of  agriculture. 
He  appoints  all  officers  and  employees  of  his 
department  except  the  Assistant  Secretary  and 
the  Chief  of  the  Weather  Bureau,  who  are  ap- 
pointed by  the  President ;  directs  the  manage- 
ment of  all  the  subdivisions  of  his  department, 
and  has  supervision  of  all  quarantine  stations  for 
the  detention  and  examination  of  cattle  im- 
ported from  foreign  lands  or  transferred  from 
States  in  which  contagious  diseases  may  exist. 

The  Secretary  is  aided  in  the  discharge  of 
his  duties  by  an  Assistant  Secretary,  who,  in 
the  absence  of  the  chief,  acts  in  his  stead. 

The  subdivisions  of  the  Department  of  Ag- 
riculture have  charge  of  the  following  concerns 
relating  to  agriculture :  Botany,  pomology, 
vegetable  pathology,  microscopy,  chemistry, 
economic  ornithology,  mammalogy,  entomol- 
ogy, animal  industry,  forestry,  seeds,  experiment 
stations,  weather  bureau,  irrigation  inquiry, 
fibre  investigation,  statistics,  and  illustration. 

It  is  the  duty  of  the  chiefs  of  these  bureaus 
and  offices  to  collect  information  relating  to  all 
the  interests  of  the  industry  of  agriculture,  and 
to  prepare  the  same  for  distribution  to  the  pub- 
lic in  the  form  of  reports  and  press  notices. 

Minor  Subdivisions.  — There  are  several  sub- 
divisions of  the  Executive  Department  of  the 

56 


THE   EXECUTIVE   DEPARTMENT 

Government,  independent  of  those  already 
named,  whose  chiefs  are  not  included  in  the 
cabinet  of  the  President. 

The  Department  of  Labor  is  in  charge  of  a 
Commissioner,  who  is  directed  by  law  to  ac- 
quire and  diffuse  among  the  people  of  the 
United  States  useful  information  concerning 
labor ;  especially  with  relation  to  hours,  rates 
of  wages,  earnings  of  working  people,  and  the 
best  means  for  the  promotion  of  the  material, 
intellectual,  social,  and  moral  prosperity  of 
working  men  and  women.  It  is  also  his  duty 
to  collect  and  disseminate  information  relating 
to  trusts,  controversies  between  employers  and 
employed,  costs  of  production,  etc.,  and  other 
matters  of  interest  to  persons  employed  in  every 
variety  of  manual  labor. 

The  Inter  -  State  Commerce  Commission, 
established  by  Congress  under  authority  of  the 
clause  of  the  Constitution  relating  to  the 
power  "  to  regulate  commerce,"  is  charged 
with  the  duty  of  looking  into  the  management 
of  all  common  carriers  whose  business  is  that  of 
transporting  merchandise  and  passengers  on 
lines  that  extend  outside  of  the  boundaries  of 
any  single  State.  Generally,  the  Commission 
inquires  into  the  details  of  interstate  communi- 
cation by  rail,  with  special  reference  to  rates  of 

57 


THE   EXECUTIVE   DEPARTMENT 

traffic,  their  reasonableness,  etc.;  but  the  func- 
tions of  the  commission  extend  to  some  super- 
vision of  the  foreign  trade  of  the  United  States, 
so  far  as  rates  and  charges  are  concerned. 

The  United  States  Civil  Service  Commission 
is  directed  by  law  to  prepare  rules  and  regula- 
tions for  the  admission  of  persons  to  the  civil 
service  of  the  Government,  for  promotions  in 
the  service  and  for  the  advancement  of  the 
efficiency  of  the  same. 

The  Commissioner  of  Fish  and  Fisheries,  is 
charged  with  the  duty  of  collecting  and  circu- 
lating useful  information  concerning  the  prop- 
agation of  food  fishes  in  the  saline  and  fresh 
waters  of  the  United  States;  to  inquire  into 
the  causes  of  the  diminution  of  said  supply  ;  to 
study  the  characteristics  of  the  fishing  grounds 
of  all  the  waters  of  the  United  States  ;  to  pro- 
mote the  distribution  of  means  to  increase  the 
supply  of  food  fishes,  and  to  collect  and  publish 
statistics  of  the  fisheries,  etc. 

The  Public  Printer  has  charge  of  all  print- 
ing, binding,  and  illustration  of  books  and  docu- 
ments ordered  to  be  printed  at  the  expense  of 
the  Government. 

The  Board  on  Geographic  Names  is  com- 
posed of  experts  from  several  departments  of 
the  Government,  who  are  charged  with  the 

58 


THE   EXECUTIVE   DEPARTMENT 

duty  of  settling  all  questions  relating  to  the 
spelling  of  geographic  names,  in  order  that  a 
uniform  nomenclature  shall  obtain  in  all  of  the 
departments  of  the  Government. 

The  Bureau  of  American  Republics  collects 
and  publishes  information  relating  to  the  repub- 
lics of  North  America  and  South  America,  with 
special  reference  to  the  development  of  their 
material  interests. 

The  Intercontinental  Railway  Commission  is 
charged  with  the  duty  of  examining  and  re- 
porting upon  the  most  feasible  routes,  and 
their  cost,  for  a  railway  that  shall  connect  the 
United  States  of  America  and  other  American 
republics. 

Tenure  of  Office. — The  Constitution  does 
not  limit  the  term  of  any  officer  of  the  United 
States  except  those  of  President  and  Vice- 
President.  Congress  has  provided  by  law  that 
no  officer,  subject  to  confirmation  by  the  Sen- 
ate, shall  be  removed  except  by  consent  of  the 
Senate.  During  any  recess  of  the  Senate  the 
President  may  suspend  such  officer,  and  the 
suspension  shall  hold  until  the  end  of  the  next 
session  of  Congress,  subject  to  an  agreement 
meantime  between  the  President  and  the  Sen- 
ate. Where  Congress  has  fixed  a  limit  to  the 
term  of  civil  officers,  it  has  been  limited  to  four 

59 


THE   EXECUTIVE   DEPARTMENT 

years ;  but  the  great  majority  of  the  civil 
officers  of  the  United  States  Government  hold 
their  places  at  the  pleasure  of  the  appointing 
power.  Civil  service  rules  forbid  the  removal 
of  subordinate  officials  and  employees  except 
for  just  cause. 


60 


CHAPTER   V. 

THE   JUDICIARY 

r  I  ^HE  National  Judiciary  comprises  the  fol- 
JL  lowing  courts :  the  Supreme  Court  of 
the  United  States,  the  Circuit  Courts  of  Ap- 
peals, the  Circuit  Courts,  and  the  District 
Courts.  In  addition  to  these,  though  not 
immediately  related  to  them  and  embodied  in 
the  same  system,  are  the  United  States  courts 
in  the  Territories  and  the  District  of  Columbia, 
the  Court  of  Claims,  and  the  Court  of  Private 
Land  Claims. 

The  United  States  courts,  with  the  exception 
of  those  in  the  Territories  and  the  District  of 
Columbia,  and  the  courts  of  claims  above 
named,  have  jurisdiction  of  all  cases  which  in- 
volve the  rights  of  States ;  the  true  meaning  of 
the  articles  of  the  Constitution ;  the  meaning, 
constitutionality,  and  enforcement  of  the  laws 
of  Congress  ;  the  construction  and  enforcement 
of  treaties  with  foreign  nations  ;  the  rights  and 
privileges  of  foreign  ambassadors  and  other 
diplomatic  or  consular  agents  accredited  to  the 
Government  of  the  United  States ;  the  rights 
61 


THE  JUDICIARY 

and  duties  of  Federal  officials  ;  and  in  all  cases 
in  which  the  plaintiff  and  defendant  are  States, 
or  citizens  of  one  State  and  the  government 
of  another  State.  These  courts  also  have  juris- 
diction of  admiralty  cases,  that  is  to  say,  those 
which  arise  out  of  the  navigation  laws — collisions 
of  vessels,  maritime  contracts,  the  taking  of 
prizes  at  sea,  etc.  All  crimes  against  the  pub- 
lic revenue  (smuggling  dutiable  goods,  coun- 
terfeiting coins,  bank-notes,  or  postage-stamps, 
etc.),  and  violations  of  the  postal  laws,  patent 
laws,  and  other  enactments  of  Congress,  are 
cognizable  only  in  the  courts  of  the  United 
States. 

THE    SUPREME    COURT    OF    THE   UNITED   STATES. 

This  tribunal  is  provided  for  in  the  Constitu- 
tion. All  lesser  and  inferior  courts  are  left  to 
be  created  by  Congress  at  its  discretion. 

The  Supreme  Court,  as  now  constituted,  is 
composed  of  one  Chief  Justice  and  eight  As- 
sociate Justices.  These  are  appointed  by  the 
President,  with  the  consent  of  the  Senate,  for 
life,  or  during  good  behavior.  They  receive 
an  annual  salary  of  $  10,000  each,  with  the  ex- 
ception of  the  Chief  Justice,  whose  salary  is 
$10,500  a  year. 

62 


THE  JUDICIARY 

The  Constitution  forbids  that  the  compensa- 
tion of  United  States  justices  and  judges  shall 
be  diminished  during  their  terms  of  office. 

The  Justices.of  the  Supreme  Court  may  retire 
with  full  annual  .pay  on  reaching  the  age  of 
seventy  years,  provided  such  incumbent  shall 
have  served  ten  years  previous  to  retirement. 

The  Supreme  Court  of  the  United  States  has 
original  jurisdiction  (that  is,  suits  are  to  be 
begun  in  this  court)  only  in  two  classes  of  cases 
— those  which  affect  ambassadors,  consuls,  and 
other  public  ministers,  and  those  to  which  a 
State,  or  the  United  States,  may  be  a  party. 
All  other  cases  must  be  begun  in  some  one  of 
the  inferior  courts ;  but  certain  of  such  cases 
may  reach  the  Supreme  Court  on  appeal  from 
the  courts  below. 

All  sessions  of  the  Supreme  Court  of  the 
United  States  are  held  in  the  Capitol  building 
at  Washington.  The  officers  of  the  court  are 
appointed  by  the  justices  of  the  court. 

Under  the  judicial  system  of  the  United 
States,  the  Republic  is  divided  into  nine  judicial 
circuits,  each  presided  over  by  the  Chief  Justice 
or  one  of  the  eight  Associate  Justices,  one  in 
each  circuit.  Each  of  these  nine  circuits  com- 
prises two  or  more  States,  but  the  boundaries 
of  no  circuit  includes  a  fraction  of  any  State. 

63 


THE  JUDICIARY 


THE    CIRCUIT    COURTS    OF    APPEAL. 

These  courts  are  next  lower  ii\  order  after  the 
Supreme  Court,  and  to  them  are  carried  a  cer- 
tain class  of  cases  appealed  from  the  courts 
below.  In  each  circuit  is  established  one  of 
these  courts  of  appeal ;  and  the  judges  compos- 
ing the  judicial  officers  are  the  Supreme  Court 
Justice  assigned  to  that  circuit,  the  Circuit 
Judge,  and  an  additional  Circuit  Judge  ap- 
pointed under  the  law  creating  the  tribunal 
known  as  the  Circuit  Courts  of  Appeal. 

The  sittings  of  these  courts  are  at  different 
points  in  the  circuits,  as  the  public  convenience 
may  require  ;  always  in  buildings  of  the  United 
States. 

The  Circuit  Judges  must  reside  in  the  circuit 
for  which  they  are  appointed.  Their  salary  is 
$6,000,  each,  per  year. 

THE    CIRCUIT    COURTS. 

Next  in  order  below  the  courts  of  appeal  are 
the  Circuit  Courts,  one  in  each  of  the  nine  cir- 
cuits above  referred  to. 

The  original  jurisdiction  of  these  courts  lies 
under  the  appellate  jurisdiction  of  the  Supreme 

64 


THE  JUDICIARY 

Court.  From  the  final  judgment  of  a  circuit 
court,  when  the  matter  in  dispute  exceeds  the 
value  of  $5,000,  an  appeal  lies  to  the  next 
higher  court.  But  in  cases  in  which  are  in- 
volved violations,  or  the  construction,  of  the 
pension  or  the  patent  laws,  the  right  of  appeal 
is  not  limited  by  the  amount  of  value. 

In  each  circuit,  court  may  be  held  by  the 
Associate  Justice  of  the.  Supreme  Court  alone, 
or  by  either  of  the  Circuit  Judges  alone,  by 
either  of  these  two  together,  or  by  either  one 
of  the  superior  judges  with  the  District  Judge. 

THE    DISTRICT    COURTS. 

The  lowest  court  in  the  judicial  system  is  the 
District  Court.  The  nine  judicial  circuits  are 
subdivided  into  districts,  sixty-four  in  all ;  and 
the  boundaries  of  each  district  are  comprised 
within  the  boundaries  of  a  State,  the  more  pop- 
ulous States  having  two  or  more  districts  as  the 
public  needs  may  require. 

In  each  district  there  is  appointed  a  District 
Judge,  who  has  an  annual  salary  of  $5,000,  and 
who  receives  his  appointment  from  the  Presi- 
dent, with  the  consent  of  the  Senate.  The  Dis- 
trict Attorney  in  each  one  of  these  districts 
receives  appointment  from  the  Department  of 

65 


THE  JUDICIARY 

Justice,  and   is   paid   in   fees,   the   amount  of 
which  is  limited  by  law  to  a  fixed  sum. 

GENERAL    PROVISIONS. 

In  addition  to  these  tribunals,  United  States 
Commissioners  are  appointed  by  law  to  reside 
at  the  various  centres  of  population  throughout 
the  United  States.  The  functions  of  these 
officers  relate  to  a  cognizance  of  minor  offences 
against  the  laws  of  the  United  States  and  to  the 
verification  of  papers  to  be  certified  from  one 
State  to  another  under  the  laws  of  the  United 
States;  or  a  commissioner  may  sit  as  a  com- 
mitting magistrate  in  certain  cases  of  the  viola- 
tion of  the  statutes. 

Criminal  cases,  relating  to  violations  of  the 
patent,  internal  revenue,  pension,  and"  other 
laws,  must  originate  in  the  Circuit  and  District 
Courts.  Certain  of  these  cases  may  be  carried 
to  the  court  of  last  resort,  which  is  the  Supreme 
Court  of  the  United  States.  Civil  cases  be- 
tween different  States,  or  between  persons  of 
different  States,  must  originate  in  a  Circuit 
Court ;  and  there  is  a  right  of  appeal  in  suits 
of  sufficient  importance  on  which  they  may  be 
carried  to  the  Circuit  Court  of  Appeals. 

The  Circuit  Court  of  Appeals  may,  without 
66 


THE  JUDICIARY 

trying  a  case  brought  before  it,  order  it  to  the 
United  States  Supreme  Court ;  or  the  Supreme 
Court  may  order  a  case  to  be  taken  from  the 
docket  of  the  Circuit  Court  of  Appeals  and 
transferred  to  its  own  docket. 

A  case  involving  the  construction  of  consti- 
tutional law,  originating  in  one  of  the  lower 
courts,  does  not  go  on  appeal  to  the  Circuit 
Court  of  Appeals,  but  directly  to  the  Supreme 
Court. 

Cases  may  be  taken  directly  to  the  Supreme 
Court  of  the  United  States  from  the  higher 
courts  of  the  States,  but  only  under  certain  re- 
strictions. 

Criminal  cases  have  been  rarely  appealed 
from  State  courts  to  the  Supreme  Court ;  but 
appeals  have  been  taken  when  the  appellant 
complained  that  he  was  about  to  be  deprived 
of  life,  liberty,  or  other  natural  rights,  without 
due  process  of  law. 

Of  the  possible  cases  arising  under  constitu- 
tional law,  may  be  mentioned  those  which  in- 
volve the  right  of  a  State  to  enact  laws  that 
may  be  violative  of  the  rights  and  privileges  of 
citizens  of  the  United  States,  or  contrary  to  the 
spirit  of  the  Federal  Constitution. 


THE  JUDICIARY 


COURTS    OF    CLAIMS. 

The  Court  of  Claims,  established  by  act  of 
Congress  in  1855,  takes  cognizance  of  all  claims 
founded  upon  any  law  of  Congress,  or  upon  any 
regulation  of  any  executive  department,  or  upon 
any  contract  with  the  Government  of  the  United 
States,  and  of  all  claims  that  may  be  referred  to 
it  by  Congress. 

All  such  claims,  however,  are  barred  unless 
presented  to  the  court  within  six  years  from  the 
time  when  the  claim  shall  have  accrued.  In 
case  the  claim  is  so  barred,  the  claimants  may 
petition  Congress  for  redress,  and  that  body 
may  waive  the  statute  of  limitations  and  order 
a  reference  of  the  claim  to  the  court. 

The  Court  of  Claims  was  created  for  the 
purpose  of  relieving  Congress  of  the  considera- 
tion of  a  great  variety  of  claims  against  the 
Government,  and  that  tribunal  is  still  regarded 
as  more  intimately  connected  with  the  legis- 
lative branch  than  with  any  other  department 
of  the  Government  of  the  United  States.  Con- 
gress, accordingly,  may  order  any  demand  or 
claim  against  the  Government  to  be  taken  to 
this  court  for  adjudication  and  determination. 

In  a  limited  class,  cases  may  be  taken  on  ap- 
68 


THE  JUDICIARY 

peal  to  the  Supreme  Court  of  the  United  States 
from  this  court. 

The  justices  of  the  Court  of  Claims  are  a 
Chief  Justice  and  three  Associate  Judges,  each 
of  whom  is  paid  an  annual  salary  of  $4,500; 
under  certain  conditions,  any  one  of  these  may 
be  retired  with  full  annual  pay. 

The  sittings  of  this  court  are  held  in  Wash- 
ington. 

The  Court  of  Private  Land  Claims  was  also 
created  by  act  of  Congress  to  relieve  that  body 
of  the  consideration  of  a  certain  class  of  claims 
arising  under  the  laws  of  the  United  States  re- 
lating to  land  grants  and  concessions  in  the 
more  recently  acquired  territory  of  the  United 
States. 

This  court  has  a  Chief  Justice  and  four  As- 
sociate Justices,  who  receive  an  annual  com- 
pensation of  $5,000  and  necessary  travelling 
expenses.  The  court  sits  in  the  State  of  Col- 
orado and  the  Territory  of  New  Mexico. 


CHAPTER    VI. 
NATIONAL  AND   STATE   RIGHTS 

THE  Republic  of  the  United  States  is  an 
indestructible    union    of    independent 
States. 

Each  State  is  sovereign  in  all  things  except 
those  whose  sovereignty  has  been  conceded  to 
the  National  Government. 

Under  the  Constitution,  the  National  Gov- 
ernment has  the  exclusive  right  to  levy  and 
collect  duties  on  goods  imported  from  foreign 
countries,  coin  money,  make  treaties  with  or 
declare  war  against  foreign  governments,  enact 
naturalization  laws,  establish  post-offices  and 
post-roads,  regulate  commerce  between  the 
States  and  with  foreign  nations  and  with  In- 
dian tribes,  grant  patents  and  copyrights,  fix  a 
standard  of  weights  and  measures,  constitute 
tribunals  under  the  jurisdiction  of  the  Supreme 
Court  of  the  United  States,  grant  letters  of 
marque  and  reprisal  in  time  of  war,  and  issue 
passports  to  Americans  travelling  in  foreign 
lands. 

70 


NATIONAL   AND  STATE   RIGHTS 

Each  State  has  the  exclusive  right  to  legislate 
concerning  the  duties,  rights,  and  privileges  of 
its  own  citizens ;  to  enact  laws  relating  to  the 
administration  of  justice  within  its  borders,  to 
regulate  its  militia,  to  limit  or  enlarge  the  right 
of  suffrage  for  its  own  citizens,  to  provide  for 
the  regulation  of  the  affairs  of  counties,  cities, 
and  towns,  and,  generally,  to  regulate  the  do- 
mestic affairs  of  the  people  of  the  State. 

The  National  Government  has  no  right  to  in- 
terfere with  the  processes  of  the  courts  of  any 
State,  or  with  the  acts  of  any  State  Legislature, 
so  long  as  these  processes  and  acts  are  not  con- 
trary to  the  Constitution  of  the  United  States. 

Offences  against  the  laws  of  a  State  are  cog- 
nizable only  in  courts  organized  by  State  laws. 
Offences  against  the  laws  of  Congress  are  cog- 
nizable only  in  courts  of  the  United  States. 

Should  there  be  any  question  as  to  the  right 
of  a  State  to  enact  certain  laws,  that  question 
is  referable  finally  to  the  Supreme  Court  of  the 
United  States  ;  and  its  decision  is  conclusive  in 
any  such  case,  as  there  is  no  court  to  which  ap- 
peal can  thereafter  be  taken. 

Treason  against  the  National  Government 
is  cognizable  only  in  courts  of  the  United 
States  ;  and  all  acts  of  American  citizens,  or  of 
foreign  residents  in  the  United  States,  that  may 


NATIONAL  AND  STATE  RIGHTS 

be  contrary  to  the  provisions  of  treaties  between 
the  Government  of  the  United  States  and  for- 
eign nations,  are  referable  only  to  the  National 
courts. 

The  Government  of  the  United  States  is  Na- 
tional ;  it  is  distinct  from  the  governments  of 
the  several  individual  States. 

The  government  of  each  State  is  independ- 
ent ;  in  the  making  of  its  laws  and  the  regula- 
tion of  its  own  domestic  concerns  it  cannot  be 
interfered  with  by  any  other  State,  or  by  the 
National  Government,  provided  always  that  its 
acts  are  not  in  contravention  of  the  provisions 
of  the  National  Constitution,  nor  invasive  of 
the  rights  of  another  independent  State. 

As  all  questions  that  relate  to  an  alleged  in- 
vasion of  the  rights  and  privileges  guaranteed 
by  the  National  Constitution  are  finally  deter- 
mined by  the  Supreme  Court  of  the  United 
States,  the  sovereignty  of  the  National  Govern- 
ment is  assured. 

A  citizen  of  the  United  States  owes  allegiance 
to  the  National  Government,  which  manages 
the  affairs  of  the  nation ;  to  it  he  pays  taxes, 
direct  or  indirect,  for  its  maintenance.  He 
also  owes  allegiance  to  the  State  within  whose 
limits  he  lives ;  and  the  State  Government  has 
authority  to  tax  him  for  the  maintenance  of  its 
72 


NATIONAL  AND  STATE   RIGHTS 

legislative,  executive,  and  judicial  officers,  pub- 
lic schools,  and  the  administration  of  justice, 
and  for  the  establishment  and  maintenance  of 
such  other  public  institutions  as  may  be  au- 
thorized by  the  constitution  and  laws  of  the 
State.  The  citizen  is  also  subject  to  taxation 
for  the  maintenance  of  the  county  government 
and  the  municipal  government  within  whose 
jurisdiction  he  has  fixed  his  place  of  residence; 
and  he  is  entitled  to  participate  in  the  manage- 
ment of  said  governments  in  any  of  their  several 
branches. 

State  constitutions  and  State  laws  may  not 
agree  with  the  laws  and  constitutions  of  other 
States  in  their  methods  of  regulating  the  rights 
of  suffrage ;  methods  of  amending  the  State 
Constitution;  treatment  of  alien  residents;  capi- 
tal punishment  for  crime  ;  management  of  banks, 
taxation,  divorces,  and  bankruptcy ;  the  par- 
doning power,  pay  and  official  tenure  of  legis- 
lative, executive,  and  judicial  functionaries ; 
frequency  of  legislative  sessions ;  observance  of 
the  Sabbath ;  punishment  for  civil  and  criminal 
offences  ;  provision  for  public  schools  and  main- 
tenance of  a  militia,  and  other  matters  of  exclu- 
sive State  jurisdiction. 


73 


CHAPTER   VII. 
NATURALIZATION 

THE  Congress  of  the  United  States  has 
sole  jurisdiction  of  all  matters  per- 
taining to  the  naturalization  of  foreign-born 
persons.  But  Congress  may  confer  upon  State 
courts,  or  other  judicial  authority,  any  portion 
of  the  process  of  naturalization.  As  a  matter 
of  fact,  Congress  has  given  to  State  courts  cer- 
tain authority  in  these  particulars. 

Any  State  may  admit  aliens  to  the  rights  of 
citizenship,  or  exclude  them  therefrom,  so  far 
as  the  exercise  of  those  rights,  or  the  denial 
thereof,  does  not  conflict  with  the  provisions 
of  the  National  Constitution. 

The  conditions  which  Congress  exacts  of 
foreign-born  persons  desiring  to  become  citizens 
of  the  United  States  relate  chiefly  to  the  length 
of  time  during  which  the  applicant  has  resided 
within  the  jurisdiction  of  the  Government  of 
the  United  States. 

In  order  to  secure  naturalization,  the  ap- 
plicant must  be  a  free  white  person,  or  a  person 
of  African  descent. 

74 


CHAPTER  VIII. 
PRESIDENTIAL   ELECTORS 

AN  elector  is  a  person  who  has  a  legal  right 
to  vote  at  an  election  held  for  the  pur- 
pose of  filling  any  office.  In  the  usage  of  the 
people  of  the  United  States,  an  elector  (usually 
known  as  a  presidential  elector),  is  a  person 
designated  by  vote  of  the  people  to  signify  their 
choice  in  the  election  of  a  President  and  Vice- 
President. 

The  Constitution  provides  that  each  State 
shall  appoint,  in  such  manner  as  the  Legislature 
thereof  may  direct,  a  number  of  electors  equal 
to  the  whole  number  of  Senators  and  Repre- 
sentatives to  which  said  State  shall  be  entitled 
in  Congress.  Therefore,  to  find  how  many 
presidential  electors  are  allowed  to  any  State, 
add  together  the  number  of  Senators  and  Rep- 
resentatives in  Congress  to  which  said  State 
is  at  that  time  entitled,  and  the  result  will  show 
the  number  of  electoral  votes  belonging  to  that 
State. 

75 


PRESIDENTIAL   ELECTORS 

In  the  early  years  of  the  Republic  of  the 
United  States,  some  of  the  States  appointed 
their  presidential  electors  by  act  of  Legislature; 
some  chose  them  by  vote  of  the  people ;  and 
other  States  combined  the  two  methods.  At 
present,  all  the  States  agree  in  choosing  their 
electors  by  vote  of  the  people. 

Candidates  for  presidential  electors  are 
named  by  conventions  of  voters ;  and  each 
man  so  nominated  is  expected  to  vote  for  the 
candidates  for  President  and  Vice-President 
who  are  the  choice  of  the  convention  of  voters 
which  nominated  the  candidates  for  electors. 
But  any  presidential  elector  may  lawfully  vote 
for  any  candidate  for  President  or  Vice-Presi- 
dent whom  he  chooses. 

An  Electoral  College  is  the  meeting  of  the 
presidential  electors  of  a  State,  convened  for  the 
purpose  of  casting  their  votes  for  President  and 
Vice-President. 

When  those  votes  have  been  cast,  a  certified 
list  of  the  persons  voted  for,  the  titles  of  the 
places  to  be  filled,  and  the  number  of  votes  cast 
in  each  case,  is  made  out  by  the  electors. 
Copies  of  this  list  are  sent  to  the  presiding 
officer  of  the  United  States  Senate,  by  mail ; 
to  the  same  officer  by  messenger,  and  to  the 
judge  of  the  United  States  district  court  within 
76 


PRESIDENTIAL  ELECTORS 

whose  jurisdiction  the  Electoral  College  has 
met. 

The  lists  transmitted  to  the  presiding  of- 
ficer of  the  United  States  Senate  are  opened 
in  the  presence  of  both  branches  of  Congress, 
in  joint  convention,  and,  their  contents  being 
made  known,  tellers  representing  both  houses 
of  Congress  are  appointed  to  keep  account 
thereof;  and,  when  the  result  is  ascertained, 
declaration  of  the  same  is  made. 

The  persons  having  a  majority  of  the  votes 
cast  for  President  and  for  Vice-President  are 
declared  elected.  In  case  no  person  has  a  ma- 
jority of  the  votes  cast,  then  the  House  of  Rep- 
resentatives is  charged  with  the  duty  of  choos- 
ing the  President  of  the  United  States  ;  the 
only  candidates  eligible  under  such  circum- 
stances are  the  three  highest  on  the  list  of  those 
who  have  been  voted  for  by  the  presidential 
electors. 


77 


CHAPTER  IX. 
THE   TERRITORIES 

TERRITORIES  of  the  United  States  are 
under  the  exclusive  control  of  Congress. 
They  are  formed  from  domains  known  as  the 
public  lands,  and  are  governed  under  regula- 
tions prescribed  by  Congress,  the  power  of 
appointing  officers  therein  being  vested  in  the 
executive  branch  of  the  United  States  Govern- 
ment. 

Congress  may  pass  an  act  to  organize  a 
Territory,  or  the  first  step  in  that  direction 
may  be  taken  by  the  people  of  a  district  of 
territory  applying  for  an  organic  act.  But  in 
any  case,  Congress  must  provide  the  frame- 
work for  such  Territorial  government,  or  that 
which  is  provided  by  the  people  of  said  district 
must  be  approved  by  Congress  before  it  can  be- 
come operative. 

The  Governor  of  a  Territory  is  appointed  for 
four  years  ;  he  has  power  to  pardon  offences 
against  the  Territorial  laws  and  to  reprieve  of- 

78 


THE   TERRITORIES 

fences  against  United  States  laws  until  an  ap- 
peal can  be  made  to  the  President. 

The  Secretary  of  a  Territory  is  appointed 
for  four  years,  and  it  is  his  business  to  record 
all  the  official  acts  of  the  Governor  and  the 
Territorial  Legislature  and  to  transmit  certified 
copies  of  the  same  to  the  President. 

The  Legislature  is  partly  appointed  by  the 
President  and  partly  elected  by  the  people. 
Its  acts  must  be  in  consonance  with  rules  laid 
down  in  the  act  of  Congress  organizing  the 
Territory.  Congress  retains  the  right  to  dis- 
approve and  annul  any  of  the  acts  of  a  Terri- 
torial Legislature. 

The  judiciary  of  a  Territory  consists  of  a 
chief  justice  and  two  or  more  associate  judges, 
appointed  for  four  years.  The  courts  are  also 
provided  with  marshals,  attorneys,  and  other 
needed  officials. 

Each  Territory  is  entitled  to  send  a  Delegate 
to  Congress,  who  is  allowed  all  the  privileges 
of  a  Representative  from  a  State  except  that  of 
voting. 

The  salaries  of  the  Federal  officials  appointed 
to  places  in  a  Territorial  government,  and  all 
the  other  expenses  of  a  Territorial  government, 
are  paid  out  of  the  National  treasury  under  au- 
thority of  an  act  of  Congress. 

79 


THE  TERRITORIES 

The  name  chosen  for  the  title  of  a  newly 
organized  Territory  is  fixed  in  the  act  to  or- 
ganize said  Territory ;  but  when  the  people 
of  a  Territory  accept  an  act  to  enable  them 
to  enter  the  Union  as  a  State,  they  may 
change  that  name  for  any  other  that  they  may 
choose. 

Local  courts,  under  the  jurisdiction  of  the 
Territorial  courts  that  have  been  authorized  by 
act  of  Congress,  may  be  created  by  the  Terri- 
torial Legislature ;  and  the  Legislature  may 
provide  ways  and  means  for  county,  municipal, 
and  other  forms  of  local  government. 

When  the  constitution  proposed  for  a  new 
State  has  been  approved  by  Congress  and  the 
President,  and  has  been  ratified  by  the  people 
of  the  Territory  to  be  admitted  as  a  State,  that 
community  is  thereby  admitted  to  the  Federal 
Union,  due  proclamation  of  said  admission  be- 
ing made  by  the  executive  branch  of  the  Govern- 
ment of  the  United  States  ;  and  the  new  State 
is  thereafter  entitled  to  choose  two  members  of 
the  United  States  Senate,  and  at  least  one 
member  of  the  House  of  Representatives;  or 
more  than  one  Representative,  provided  the 
State  has  sufficient  population  to  present  more 
than  one  unit  of  the  basis  of  representation. 

When  once  admitted  to  the  Federal  Union, 
80 


THE   TERRITORIES 

there  is  no    power  in  Congress  to  relegate  a 
State  to  the  condition  of  a  Territory. 

THE    DISTRICT    OF    COLUMBIA. 

The  District  of  Columbia  is  a  portion  of  the 
territory  of  the  United  States  which  is  governed 
directly  by  Congress. 

It  was  originally  ceded  to  the  Federal  Gov- 
ernment as  a  site  for  the  National  capital,  by 
the  States  of  Virginia  and  Maryland  ;  the  land 
lay  on  either  side  of  the  Potomac  River,  and 
was  ten  miles  square.  The  buildings  of  the 
United  States  Government  were  erected  on  the 
Maryland  side  of  the  river,  and  that  portion  of 
the  territory  that  lay  on  the  Virginia  shore  was 
subsequently  re-ceded  to  that  State  by  Congress. 

The  District  of  Columbia  may  have  its  form 
of  government  changed  by  Congress  at  any 
time ;  but  the  usage  of  Congress  has  been  to 
place  the  executive  power  of  the  local  govern- 
ment in  the  hands  of  a  board  of  commissioners, 
appointed  by  the  President,  with  the  consent  of 
the  Senate. 

Under   certain   restrictions,    this   governing 

board  makes  provision  for  the  creation  and  the 

filling  of  lesser  local  offices ;  and  the  right  to 

vote  for  some  of  the  local  officials  may  be  vested 

Si 


THE   TERRITORIES 

in  the  inhabitants  of  the  District.  But  for  the 
most  part,  every  branch  of  the  government  is 
directly  supervised  by  Congress. 

Citizens  of  States  employed  by  the  Federal 
Government  in  the  District  of  Columbia,  do 
not  lose  their  rights  of  citizenship  in  the  States 
from  which  they  may  have  been  appointed,  un- 
less they  choose  to  surrender  them.  They  may 
return  to  their  respective  States  and  exercise 
those  rights  just  as  if  they  had  not  been  absent. 

No  permanent  resident  of  the  District  of 
Columbia  has  the  right  to  vote  for  any  officer 
whatever,  except  for  such  local  officers  as  may 
be  chosen  under  the  authority  of  an  act  of  Con- 
gress ;  and  the  District  is  not  permitted  direct 
representation  in  either  House  of  Congress. 

The  judicial  system  of  the  District  comprises 
a  Court  of  Appeals  and  a  Supreme  Court,  with 
lesser  police  justices  and  committing  magis- 
trates. 

THE    TERRITORY    OF    ALASKA. 

This  Territory  (purchased  from  Russia  in 
1867),  is  yet  unorganized.  It  is  governed  by 
direct  authority  from  Congress,  the  executive 
power  being  lodged  in  the  hands  of  a  governor 
and  a  commission,  appointed  by  the  President, 
with  the  consent  of  the  Senate. 
82 


THE  TERRITORIES 

There  is  no  legislative  branch  of  the  govern- 
ment, and  the  judicial  authority  is  vested  in  a 
court  created  by  act  of  Congress. 

An  attorney,  marshal,  and  other  minor  offi- 
cials are  also  appointed  by  the  executive  branch 
of  the  National  Government. 

The  inhabitants  of  Alaska  are  not  represent- 
ed in  Congress,  and  they  have  no  opportunity 
to  exercise  the  right  of  suffrage. 

THE    INDIAN    TERRITORY. 

This  Territory  was  set  apart  and  dedicated 
exclusively  to  settlement  by  civilized  tribes  of 
Indians  (June  30,  1834),  and  comprises  the 
lands  lying  south  of  Kansas,  west  of  Missouri 
and  Arkansas,  north  of  Texas,  and  east  of  the 
one  hundredth  meridian. 

The  inhabitants  retain  their  tribal  organiza- 
tions; but  they  are  under  the  sovereignty  of 
the  United  States  ;  and  Congress  has  exercised 
that  sovereignty  by  the  extension  of  revenue 
laws  over  the  Territory. 

A  United  States  court,  with  one  judge, 
assisted  by  other  officers,  appointed  by  the 
President,  exercises  judicial  jurisdiction  over  of- 
fences committed  against  the  laws  of  the  United 
States  within  the  Territory. 

83 


THE  TERRITORIES 

White  persons  are  not  permitted  to  settle  in 
the  Territory,  or  acquire  land  titles  therein,  ex- 
cept by  treaty  with  the  tribes,  or  unless  they 
have  been  lawfully  adopted  into  some  one  .of 
the  said  tribes. 

THE    ACQUISITIONS    OF    UNITED    STATES    TERRI- 
TORY. 

The  territory  outside  of  the  boundaries  of  the 
original  thirteen  States,  lying  east  of  the  Mis- 
sissippi River,  was  formerly  covered  by  the 
claims  of  several  of  those  States.  The  western 
boundaries  of  many  of  the  States  were  not  de- 
fined. Many  of  the  States  claimed,  with  justice, 
that  their  colonial  charters  granted  them  juris- 
diction of  all  the  lands  lying  westward  of  them 
as  far  as  the  Pacific  Ocean,  although  none  vent- 
ured to  carry  its  claims  westward  of  the  Mis- 
sissippi River. 

Finally,  between  the  years  1783  and  1802, 
all  that  territory  lying  between  the  Mississippi 
River  and  the  western  boundaries  of  the  origi- 
nal thirteen  States  was  ceded  to  the  United 
States  by  the  respective  claimants,  with  the  ex- 
ception of  Florida,  which  was  purchased  from 
Spain  in  1819. 

From  the  territory  thus  acquired  were  subse- 

84 


THE  TERRITORIES 

quently  organized  several  Territories,  and  these 
in  due  time  were  admitted  to  the  Union  as 
States,  as  follows :  Alabama,  Mississippi,  Ten- 
nessee, Illinois,  Indiana,  Ohio,  Wisconsin,  and 
Michigan. 

The  next  considerable  acquisition  of  territory 
was  the  purchase  of  the  Louisiana  territory 
from  France  by  the  United  States,  in  1803. 
From  this  territory  were  subsequently  created 
the  States  of  Louisiana,  Missouri,  Arkansas, 
Kansas,  Iowa,  Nebraska,  Minnesota,  North 
Dakota,  South  Dakota,  Wyoming,  Montana, 
the  Indian  Territory,  and  portions  of  Idaho  and 
Colorado.  All  of  these  States  first  passed 
through  the  intermediate  condition  of  Terri- 
torial existence. 

The  Oregon  territory  was  claimed  by  the 
United  States  by  right  of  discovery  (1792),  by 
right  of  exploration  (1805),  by  right  of  settle- 
ment (1811),  and  was  finally  acquired  by  for- 
mal treaty  with  Great  Britain,  in  1846.  From 
this  territory  were  created  the  States  of  Oregon 
and  Washington  and  portions  of  the  States  of 
Idaho  and  Wyoming ;  all  of  which  were  first 
organized  as  Territories. 

By  conquest  from,  and  treaty  with,  the  Re- 
public of  Mexico,  the  United  States  acquired, 
in  1845-48,  the  territory  lying  west  of  the 

85 


THE  TERRITORIES 

boundaries  of  Texas  and  the  Louisiana  purchase, 
and  south  of  Oregon  Territory.  From  these 
lands  were  subsequently  organized  the  States  of 
California,  Nevada,  and  Utah,  and  the  Terri- 
tories of  Arizona  and  New  Mexico;  and  por- 
tions of  the  States  of  Colorado  and  Wyoming 
lie  within  the  limits  of  that  tract. 

Texas  was  admitted  as  a  State,  in  1845,  by 
annexation.  California  was  admitted  as  a 
State,  without  having  passed  through  the  pre- 
liminary stage  of  territorial  existence,  in  1850. 
Nevada  was  originally  organized  as  a  Territory 
in  1 86 1,  and  was  admitted  as  a  State  in  1864. 

Portions  of  the  States  of  Colorado  and  Kan- 
sas, and  the  Territory  of  New  Mexico,  were  in- 
cluded in  the  original  limits  of  Texas,  but  were 
ceded  by  that  State  to  the  United  States. 

West  Virginia  was  originally  a  part  of  Vir- 
ginia ;  it  was  set  off  from  that  State  and  ad- 
mitted to  the  Union  as  a  sovereign  State,  in 
1863. 


86 


CHAPTER   X. 

TREASON 

TREASON  is  the  crime  of  disloyalty  to  a 
government ;  it  can  be  committed  only 
by  a  person  who  owes  allegiance  to  said  govern- 
ment. Under  the  Constitution  treason  against 
the  United  States  is  defined  to  consist  "  only  in 
levying  war  against  them,  or  in  adhering  to 
their  enemies,  giving  them  aid  and  comfort." 

Under  the  laws  of  the  United  States,  passed 
in  conformity  with  the  provisions  of  the  Consti- 
tution, treason  is  punishable  with  death,  or  im- 
prisonment for  a  term  of  not  less  than  five  years, 
and  a  fine  of  not  less  than  $10,000,  and  the 
convicted  person  is  forever  debarred  from  the 
right  to  hold  office  under  authority  of  the 
United  States ;  and  his  slaves,  provided  he  had 
any,  were  by  the  law  of  1862  to  be  declared  free. 

Misprision  of  treason  is  the  concealment  of 
the  crime  by  any  person  who  knows  that  it  has 
been  committed,  and  who  by  such  concealment 
becomes  an  accessory  thereto. 

87 


TREASON 

A  citizen  accused  of  treason  must  be  tried  in 
one  of  the  Circuit  Courts  of  the  United  States, 
having  first  been  indicted  by  a  United  States 
grand  jury. 

Several  of  the  States  have  constitutional  pro- 
visions for  the  punishment  of  the  crime  of 
treason  against  the  State;  but  prosecutions  of 
this  nature,  on  behalf  of  a  State,  are  very  rare. 


CHAPTER   XI. 
TARIFFS   AND   CUSTOM-HOUSES 

A  TARIFF  is  a  law  providing  for  and  reg- 
ulating the  imposition  of  duties  to  be 
paid  on  goods  imported  from  a  foreign  coun- 
try. 

A  fiscal  tariff,  or  a  tariff  for  revenue  only,  is 
one  which  makes  provision  only  for  the  raising 
of  money  to  carry  on  the  government.  A  pro- 
tective tariff  is  one  which  adjusts  the  duties  to 
be  paid  on  imports  in  such  a  way  as  to  hinder 
the  competition  of  foreign  goods  and  products 
with  the  goods  and  products  of  the  country  into 
which  such  articles  are  to  be  imported. 

Ad  valorem  duties  are  those  which  are  laid 
on  imported  goods  with  sole  regard  to  the  cost 
or  value  of  the  commodities  in  the  country 
in  which  they  are  produced.  Specific  duties 
are  those  which  are  laid  upon  goods  without 
reference  to  cost,  the  duty  being  levied  and 
collected  solely  with  reference  to  weight, 
measurement,  or  quantity. 


TARIFFS  AND  CUSTOM-HOUSES 

Custom-houses  are  United  States  establish- 
ments for  the  collection  of  the  duties  levied 
upon  imported  goods.  These  were  formerly 
situated  only  at  seaports,  as  the  principal  im- 
port trade  with  foreign  countries  is  carried  on 
by  sea ;  but  since  the  growth  of  the  Republic 
has  developed  many  large  cities  in  the  interior, 
custom-houses  are  now  established  in  all  the 
great  centres  of  population  ;  and  foreign  goods 
imported  by  sea  are  transported  to  the  interior 
under  certain  conditions,  and  the  duties  are 
collected  thereon  at  the  custom-house  of  the 
district  to  which  the  goods  are  consigned. 

The  entire  Republic  is  divided  into  collection 
districts ;  the  chief  officer  of  each  district  is  a 
collector  of  customs ;  and  he  is  assisted  in  his 
duties  by  other  officers  of  varying  degrees  of 
importance  and  responsibility  ;  in  the  more  im- 
portant districts  these  officers  are  numerous  and 
their  duties  are  important. 

In  addition  to  the  duty  of  collecting  the 
revenues  arising  from  the  customs,  the  officers 
of  each  collection  district  are  charged  with 
many  other  duties  regarding  the  commercial 
marine  of  the  United  States.  All  vessels  of 
American  build,  doing  business  in  the  waters  of 
the  United  States,  or  engaged  in  foreign  trade, 
must  be  enrolled  in  the  custom-house  of  the 
90 


TARIFFS  AND  CUSTOM-HOUSES 

district  in  which  they  are  owned.  And  foreign 
vessels  entering  a  customs  district  for  any  pur- 
pose must  report  to  the  customs  officers  of  that 
district. 

These  reports  of  entering  and  departing  from 
a  collection  district  are  known  as  entry  and 
clearance;  they  are  binding  on  all  vessels  of 
whatever  nationality. 

Revenue  cutters  are  small  vessels  employed 
under  the  authority  of  the  customs  service  to 
cruise  along  the  coasts  of  the  district  to  which 
each  is  assigned,  for  the  purpose  of  enforcing 
the  revenue  laws,  the  prevention  of  crimes 
against  said  laws,  and  to  render  assistance  to 
vessels  in  distress. 

The  higher  officers  of  the  customs  service  are 
forbidden  to  engage  in  foreign  trade  while  they 
are  in  office.  All  the  officers  are  compensated 
by  the  payment  of  fixed  salaries  or  wages. 

The  three  principal  officers  of  the  larger  and 
more  important  collection  districts  are  a  col- 
lector, a  surveyor,  and  a  naval  officer.  The 
first-named  of  these  collects  the  customs  duties, 
issues  manifests  and  clearances  for  vessels,  re- 
ceives their  entrance  papers,  supervises  bonded 
warehouses  and  generally  oversees  and  orders 
the  business  of  the  district.  The  surveyor 
weighs  and  measures  goods  imported  and  liable 


TARIFFS  AND  CUSTOM-HOUSES 

to  duty,  and  superintends  the  discharge  of 
cargoes  of  imported  goods.  The  naval  officer 
countersigns  papers  issued  from  the  collector's 
department  and,  by  a  system  of  ledger  accounts, 
acts  as  an  auditor  of  the  collector's  accounts. 
In  the  appraisers'  department  of  a  custom- 
house the  value  of  the  goods  and  merchandise 
on  which  duties  are  to  be  levied  and  collected 
is  determined. 

The  customs  service  of  the  United  States  is 
under  the  immediate  supervision  of  the  Com- 
missioner of  Customs ;  and  he  is  one  of  the 
officers  of  the  Department  of  the  Treasury. 


92 


CHAPTER  XII. 
THE   INDIANS 

North  American  Indians  still  living 
JL  within  the  boundaries  of  the  United 
States  are,  with  a  very  few  exceptions,  the 
wards  of  the  National  Government.  Nearly  all 
of  them  have  sold  their  lands  to  the  Govern- 
ment, and  they  are  now  supported  by  the  rev- 
enues arising  from  the  money  derived  from  sales 
of  these  lands. 

Indians  are  not  taxed,  except  in  a  very  few 
instances  of  individuals,  and  they  do  not  have 
the  right  of  suffrage,  nor  are  they  included  in 
an  enumeration  of  the  population  as  a  basis  of 
representation  in  any  National  or  State  legis- 
lative body. 

Large  bodies  of  Indians  are  established  upon 
tracts  of  lands  reserved  for  this  purpose  by  the 
National  Government.  While  they  remain  upon 
these  reservations  the  Indians  are  entitled  to 
receive  supplies  for  their  sustenance  and  sup- 
port. 

93 


THE  INDIANS 

In  all  such  cases,  the  work  of  supervision, 
distribution,  etc.,  is  intrusted  to  agents  of  the 
National  Government,  usually  civilians,  al- 
though Congress,  or  the  President,  may  order 
army  officers  to  discharge  these  duties. 

No  white  person  is  permitted  to  enter  upon 
any  of  the  Indian  reservations,  or  to  trade  with 
the  Indians,  except  under  such  strict  regulations 
as  may  be  prescribed  for  such  intercourse. 

Annuities  and  subsidies  are  paid  to  the  Ind- 
ians out  of  funds  which  have  been  accumulated 
by  the  sale  of  lands  originally  belonging  to  the 
Indians  and  which  have  been  sold  by  them  to 
the  United  States,  and  may  have  since  been 
sold  by  the  Government  to  citizens. 

The  general  management  of  Indian  affairs  is 
under  the  direction  of  the  Commissioner  of 
Indian  Affairs,  who  is  an  officer  of  the  Depart- 
ment of  the  Interior. 


94 


CHAPTER  XIII. 
THE   PUBLIC   LANDS 

ALL  lands  lying  within  the  boundaries  of 
the  United  States,  and  not  owned  by 
private  individuals,  or  States,  or  public  or  pri- 
vate corporations,  or  by  tribes  of  Indians,  are 
designated  as  public  lands,  and  are  the  property 
of  the  United  States. 

These  lands  have  been  acquired  by  the  Na- 
tional Government  by  treaty  with  foreign  nations 
and  Indian  tribes,  by  cession  from  the  States, 
or  by  conquest,  or  purchase. 

The  public  lands,  when  it  is  desirable  to 
bring  them  into  the  market,  are  surveyed  into 
sections  of  one  mile  square,  thirty-six  of  which 
sections  in  one  block  are  denominated  a  town- 
ship. The  sections  are  subdivided  into  halves, 
quarters,  and  eighths  ;  and  as  each  section  com- 
prises six  hundred  and  forty  acres,  the  frac- 
tional parts  thereof  each  comprise  three  hundred 
and  twenty,  one  hundred  and  sixty,  and  eighty 
acres,  respectively. 

95 


THE   PUBLIC  LANDS 

The  prices  of  the  public  lands  have  varied 
from  time  to  time,  and  the  methods  of  acquir- 
ing them  are  fixed  according  to  circumstances. 
But  the  commonest  method  has  been  to  allow 
actual  settlers  to  enter  upon  and  improve  lands, 
allowing  one  hundred  and  sixty  acres  to  each 
person  so  entering,  the  price  to  be  paid  being 
$1.25  per  acre. 

But  by  the  homestead  law,  enacted  in  1862, 
heads  of  families  can  enter  upon  and  secure 
possession  of  one  hundred  and  sixty  acres  of 
public  land  at  the  nominal  price  of  $10  for  the 
quarter-section,  under  certain  regulations  de- 
signed to  restrict  the  conveyance  of  the  pub- 
lic lands  to  actual  settlers  for  homestead  pur- 
poses. 

Lands  containing  valuable  mines  of  minerals 
are  divided  into  small  lots  and  sold  at  public 
auction. 

Persons  who  have  served  the  Nation  in  the 
army  or  navy  are  entitled,  under  certain  con- 
ditions, to  a  portion  of  the  public  lands,  the 
amount  varying,  according  to  the  length  of  ser- 
vice, from  twenty  to  one  hundred  and  sixty 
acres.  Written  authority  to  enter  upon  and 
prove  title  to  a  given  area  of  public  lands  is 
issued  by  the  Government,  and  these  documents 
are  called  land  warrants ;  they  entitle  the 


THE  PUBLIC  LANDS 

holder  of  the  warrant,  whoever  he  may  be,  to 
enter  upon  and  occupy  any  public  land  that  he 
may  find  unoccupied,  his  claim  thereto  being 
limited  by  the  number  of  acres  for  which  the 
warrant  is  issued. 

To  encourage  the  building  of  railroads  and 
other  means  of  public  transportation,  Congress 
has  granted  large  tracts  of  public  lands  to  cor- 
porations, on  condition  that  said  transportation 
lines  shall  be  completed  and  equipped  within  a 
given  limit  of  time,  and  that  the  building  and 
management  of  said  lines  shall  be  to  a  certain 
extent  under  the  supervision  of  the  National 
Government. 

To  facilitate  the  survey  and  sale,  or  other 
disposal,  of  the  public  lands,  the  total  area  is 
divided  into  land  districts,  in  each  one  of  which 
is  established  a  central  office  managed  by  a 
register  and  a  receiver,  assisted  by  subordinate 
officials.  All  business  relating  to  the  survey 
and  purchase  of  public  lands  in  each  district 
must  be  transacted  at  the  office  for  such  dis- 
trict. 

Papers  are  issued  by  government  officers  from 
time  to  time  to  certify  to  the  claim  of  each  pur- 
chaser, or  settler,  as  his  claim  is  matured. 
When  title  is  finally  acquired,  a  deed,  or  land- 
patent,  signed  by  the  President  of  the  United 

97 


THE   PUBLIC  LANDS 

States,  is  issued  to  the  lawful  owner  of  the  land 
so  acquired. 

The  general  management  of  the  public  lands, 
under  the  authority  of  Congress,  is  in  the  hands 
of  the  Commissioner  of  Public  Lands,  who  is 
an  officer  of  the  Department  of  the  Interior. 


CHAPTER  XIV. 

SUB-TREASURIES,   MINTS,  AND   ASSAY 
OFFICES 

THE  Government  of  the  United  States  con- 
ducts its  own  system  of  banking,  keeps 
its  coin,  bullion,  and  bank-notes  in  its  own 
vaults,  and  in  the  form  of  checks,  drafts,  and 
warrants,  issues  its  own  notes  against  said  cash. 

In  the  Treasury  building  at  Washington  are 
the  treasury  vaults  and  the  office  where  coin, 
bullion,  etc.,  are  kept,  and  where  notes,  checks, 
etc.,  are  issued.  But,  for  the  convenience  of 
the  people  who  live  in  various  parts  of  the  Re- 
public, sub-treasuries  are  established  in  several 
of  the  larger  cities  of  the  United  States. 

These  sub-treasuries  are,  to  all  intents  and 
purposes,  branches  of  the  main  treasury  at 
Washington,  and  are  under  the  management 
and  supervision  of  the  Secretary  of  the  Treas- 
ury. 

The  principal  officer  of  a  sub-treasury  is 
called  an  Assistant  Treasurer  of  the  United 

99 


SUB-TREASURIES,  MINTS,  AND  ASSAY  OFFICES 

States.  In  the  more  important  sub-treasuries, 
the  Assistant  Treasurer  is  aided  in  the  dis- 
charge of  his  duties  by  subordinates. 

It  is  the  duty  of  an  Assistant  Treasurer  to 
receive  and  pay  out  moneys  of  the  United 
States  Government,  on  the  order  of  the  Secre- 
tary of  the  Treasury;  and  it  is  his  duty  to 
keep  safely  in  the  vaults  of  the  sub-treasury  all 
deposits  of  coin,  notes,  etc.,  that  the  law  may 
require  or  allow  to  be  deposited  with  him  to 
the  credit  of  the  Government  of  the  United 
States. 

The  parent,  or  principal  mint  of  the  United 
States  Government  was  established  at  Philadel- 
phia while  that  city  was  the  seat  of  govern- 
ment of  the  Republic.  It  has  remained  there 
ever  since. 

In  order  to  bring  the  facilities  of  the  United 
States  system  of  mintage  within  the  reach  of  all 
the  people,  and  to  save  the  expense  of  trans- 
porting coin  and  the  precious  metals  over  long 
distances,  other  mints  have  been  established 
from  time  to  time  in  several  cities  of  the  Unit- 
ed States  nearest  to  mines  in  which  gold  and 
silver  are  found.  These  mints  were  at  first 
known  as  branches  of  the  parent  establishment 
at  Philadelphia,  but  by  the  act  of  Congress  of 
February  12,  1873,  this  distinction  of  branch 
100 


SUB-TREASURIES,  MINTS,  AND  ASSAY  OFFICES 

mints  was  abolished,  and  all  the  mints  and 
assay  offices  of  the  United  States  were  placed 
under  the  supervision  of  an  officer  denominated 
Director  of  the  Mint,  whose  office  is  in  the 
Treasury  Department  at  Washington. 

This  functionary  is  under  the  direction  of  the 
Secretary  of  the  Treasury.  The  chief  officer  of 
each  mint  is  a  superintendent,  and  he  is  assisted 
by  several  subordinate  officers ;  all  of  these  re- 
ceive annual  salaries. 

Coinage  is  the  exercise  of  one  of  the  highest 
functions  of  a  sovereign  power.  It  cannot  be 
exercised  by  any  one  of  the  States,  nor  by  any 
private  individual  or  corporation;  and  any 
semblance  of  imitating  the  coinage  of  precious 
metals  used  for  money,  or  of  printed  notes  or 
bonds  of  the  United  States,  is  strictly  prohibit- 
ed under  the  most  severe  penalties. 

At  all  mints  of  the  United  States,  the  pre- 
cious metals  used  as  a  circulating  medium  are 
coined  into  money,  stamped  with  the  devices 
and  insignia  of  the  Nation's  sovereignty,  as  the 
Secretary  of  the  Treasury,  under  the  authority 
of  Congress,  may  direct. 

At  these  mints  are  established  assay  offices, 
in  which  the  true  value  and  fineness  of  metals 
used  in  coinage  are  determined. 

Any  person  may  bring  to  the  mints  any  quan- 

101 


SUB-TREASURIES,  MINTS,  AND  ASSAY  OFFICES 

tity  of  gold  or  silver,  and,  on  the  payment  of  a 
small  sum  for  the  expense  of  coinage,  receive  it 
back  in  the  form  of  coins  ready  for  circulation. 

When  the  assayer  of  a  mint  has  determined 
the  true  value  of  the  precious  metals  so  deposited, 
he  issues  to  the  depositor  a  certificate  of  the  value 
of  the  deposit,  and  on  that  certificate  the  chief 
officer  of  the  mint  will  pay  to  the  holder  thereof 
the  sum  of  money  for  which  it  calls.  These 
certificates  may  be  used  in  the  transaction  of 
commercial  business,  and  they  answer  the  pur- 
pose of  checks,  notes,  or  treasury  warrants. 

Another  function  of  the  mints  and  assay  offi- 
ces is  to  melt  gold  and  silver  and  run  the  metal 
into  bars,  or  ingots,  and  to  stamp  on  each  bar 
or  ingot  the  true  value  thereof,  according  to 
the  United  States  standard. 

For  the  convenience  of  the  people,  assay 
offices  are  established  in  several  cities  where 
there  are  no  mints.  At  these  offices  gold  and 
silver  bullion  and  foreign  coins  are  received, 
melted,  refined,  and  cast  into  bars  or  ingots, 
and  the  true  value  thereof  is  stamped  thereon, 
the  depositor  paying  a  fee  for  the  work  so 
done. 

Or,  the  depositor  may  have  foreign  coins, 
or  gold  and  silver  bullion,  cast  into  coins  of 
the  United  States,  as  before  provided,  after 
102 


SUB-TREASURIES,   MINTS,  AND  ASSAY  OFFICES 

the  assay  office  has  ascertained  the  true  value 
thereof. 

Seigniorage  is  a  percentage  upon  bullion 
brought  to  the  mint  to  be  coined  or  to  be  ex- 
changed for  coin.  It  is  the  amount  claimed  by 
the  Government  for  the  exercise  of  its  exclusive 
right  to  coin  the  metal,  and  it  represents  the 
difference  between  the  intrinsic  value  of  a 
mass  of  gold  or  silver  bullion  and  the  face  value 
of  the  coins  that  the  Government  may  make 
from  the  mass. 


103 


CHAPTER   XV. 
PATENTS   AND   COPYRIGHTS 

T  ETTERS-PATENT  are  granted  under  the 
J ^  authority  of  the  United  States  Govern- 
ment to  the  inventor,  or  discoverer,  of  any  new 
and  useful  art,  machine,  manufacture,  or  com- 
position of  matter,  or  any  new  and  useful 
improvement  thereof,  not  known  or  used  by 
any  others  in  this  country,  or  not  patented  or 
described  in  any  foreign  country. 

The  person  receiving  letters-patent  for  such 
useful  invention,  discovery,  or  improvement, 
has  exclusive  right  to  manufacture,  sell,  and  use 
said  invention.  Or  he  may  assign,  sell,  or 
otherwise  transfer  to  others  the  rights  which  he 
has  derived  under  the  letters-patent. 

The  exclusive  rights  conveyed  to  a  patentee 
are  his  for  the  term  of  seventeen  years.  But 
Congress  may,  by  a  special  act,  extend  that 
term  in  any  individual  case  at  its  discretion. 

An  inventor,  before  he  can  obtain  letters- 
patent  for  his  invention,  must  prepare  a  clear 
104 


PATENTS  AND   COPYRIGHTS 

and  intelligent  description  of  it,  and,  if  re- 
quired, must  also  send  to  the  Patent  Office  with 
said  description  a  model  of  the  article  sought  to 
be  patented. 

When  the  chief  officer  of  the  Bureau  of 
Patents  has  been  satisfied  that  the  invention  is 
useful  and  original  (or  patentable),  he  issues  to 
the  applicant  the  letters-patent  entitling  him  to 
the  rights  and  privileges  above  mentioned.  The 
patentee  pays  a  fee  to  the  bureau  in  each  case 
of  a  patent  applied  for. 

The  expenses  of  the  Bureau  of  Patents  are 
paid  out  of  these  fees,  and  a  considerable 
surplus  therefrom,  amounting  to  more  than 
two  hundred  thousand  dollars  annually,  is  paid 
into  the  National  treasury. 

In  the  granting  of  patent  rights,  no  discrim- 
ination is  made  between  citizens  and  aliens. 
Persons  of  foreign  birth  are  allowed  the  same 
privileges  in  the  granting  of  patents  that  are 
extended  to  American  citizens. 

All  legal  proceedings  in  cases  arising  under 
the  patent  laws,  except  those  for  a  breach  of 
contract  (which  belong  in  the  State  courts) 
must  be  begun  in  the  circuit  courts ;  but  an 
appeal  from  those  tribunals  may  be  carried, 
under  certain  conditions,  to  the  Supreme  Court 
of  the  United  States. 

105 


PATENTS  AND   COPYRIGHTS 

The  chief  officer  of  the  Bureau  of  Patents  is 
the  Commissioner  of  Patents.  He  is  aided  in 
the  discharge  of  his  duties  by  a  large  staff  of 
assistants  and  examiners ;  all  of  these  officers 
are  paid  annual  salaries. 

The  Bureau  of  Patents  is  under  the  control 
and  supervision  of  the  Department  of  the 
Interior. 

Copyright  is  the  exclusive  right  to  publish 
and  sell  any  work  of  literature  or  art.  This 
includes  all  original  written  or  printed  matter, 
paintings,  engravings,  photographs,  drawings, 
etchings,  sculptures,  and  other  works  of  art; 
also  maps,  charts,  diagrams,  and  musical  com- 
positions and  plays. 

A  copyright  is  a  species  of  property,  and  may 
be  sold  or  transferred  like  any  other  property. 

Copyrights  are  granted  by  the  Government  of 
the  United  States  to  the  authors  or  composers 
of  the  works  sought  to  be  so  protected ;  and 
such  copyright  runs  for  twenty-eight  years  from 
the  date  of  its  issue  ;  but  the  person  to  whom  a 
copyright  is  issued  may  have  its  term  extended 
fourteen  years ;  or  such  extension  may  be  se- 
cured by  his  widow  or  his  children  after  his 
death. 

Copyright  letters  are  granted  by  the  Librarian 
of  Congress  under  certain  conditions ;  and  the 

1 06 


PATENTS  AND   COPYRIGHTS 

holder  of  a  copyright  has  all  the  rights'  in  the 
courts  of  the  United  States,  in  case  of  infringe- 
ment, etc. ,  that  are  granted  to  holders  of  letters- 
patent  for  useful  inventions  and  discoveries. 

Manufacturers'  trade-marks  and  labels  are 
registered  in  the  Bureau  of  Patents,  and  are 
protected  in  the  same  manner  as  patents. 


107 


CHAPTER   XVI. 
PENSIONS 

A  PENSION  is  the  annual  allowance  of  a 
sum  of  money  to  a  person  by  a  govern- 
ment in  consideration  of  past  services. 

The  Congress  of  the  United  States  alone  has 
the  power  to  authorize  the  granting  and  pay- 
ment of  pensions  from  the  National  treasury. 

Under  existing  laws,  pensions  are  paid  to 
persons  who  have  served  the  Republic  in  the 
army  or  navy  of  the  United  States  in  any  of  the 
wars  in  which  the  Nation  has  been  involved  ; 
but  in  a  few  cases  pensions  have  been  granted 
to  the  widows  of  Presidents  who  have  died  in 
office.  Congress  has  also  granted  pensions  to 
women  for  special  services  to  the  Republic,  or 
in  compensation  for  services  rendered  by  those 
upon  whom  the  pensioner  was  dependent  when 
he  was  living. 

The  total  sum  of  money  appropriated  by  Con- 
gress for  the  payment  of  pensions  for  the  fiscal 
year  ending  June  30,  1894,  was  $165,000,000. 
1 08 


PENSIONS 

Pensions  are  granted  to  persons  who  have 
served  in  the  naval  and  military  service,  as 
aforesaid,  under  certain  conditions,  and  to  their 
widows  or  minor  children. 

Applications  for  pensions  are  made  through 
the  local  pension  agencies,  the  application  be- 
ing accompanied  in  each  case  by  such  docu- 
mentary evidence  as  to  the  rightfulness  of  the 
claim,  etc.,  as  may  be  prescribed  by  law. 

Pension  agencies  are  established  in  all  the 
States  and  Territories  of  the  United  States 
for  the  distribution,  four  times  a  year,  of 
the  moneys  granted  to  pensioners.  Money  so 
granted  is  exempt  from  attachment,  garnishee, 
or  other  legal  process  by  which  a  creditor  may 
obtain  the  satisfaction  of  a  claim  against  a 
debtor. 


109 


CHAPTER   XVII. 
THE   RIGHT   OF   SUFFRAGE 

THE  right  of  suffrage  is  the  right  to  vote 
or  otherwise  participate  in  government. 
In  a  representative  government,  the  exercise  of 
this  privilege  carries  with  it  the  right  of  partici- 
pating in  the  election  of  public  officers  and  the 
adoption,  or  rejection,  of  laws. 

The  right  of  suffrage  in  the  United  States  is 
conferred  only  by  the  States ;  and  the  Consti- 
tution of  the  United  States  does  not  in  any  case 
confer  upon  any  person  the  right  to  vote. 

The  conditions  upon  which  the  right  to  vote 
is  granted  vary  in  the  several  States.  In  some 
States  are  exacted  certain  conditions  of  birth ; 
in  others,  the  ownership  of  a  certain  amount  of 
property ;  in  others,  the  payment  of  a  head- 
tax  ;  or  ability  to  read  and  write,  or  other 
qualifications  are  required. 

In  most  States  infamous  crimes  are  punished 
by  deprivation  of  the  right  of  suffrage.  In  all 
States  it  is  required  that  the  voter  shall  have 
no 


THE  RIGHT  OF  SUFFRAGE 

arrived  at  the  age  of  twenty -one  years  and  shall 
be  a  native  of  the  United  States,  or  shall  have 
been  duly  naturalized  therein,  if  of  foreign 
birth. 

Generally,  the  right  to  vote  is  enjoyed  in  the 
United  States  only  by  male  persons  of  full  age 
who  are  by  birth,  or  naturalization,  citizens  of 
the  Republic. 

The  Federal  Constitution  provides  that  when 
the  right  to  vote  is  denied  to  any  of  the 
male  inhabitants  of  the  United  States  by  any 
State,  or  is  in  any  way  abridged,  except  as 
punishment  for  crime,  the  representation  in 
Congress  of  such  State  shall  be  reduced  in  due 
proportion  thereto. 

The  inhabitants  of  the  Territories,  the  Dis- 
trict of  Columbia,  and  Alaska,  are  not  permit- 
ted to  exercise  the  right  of  suffrage  except  in 
local  elections,  as  provided  by  acts  of  Congress. 


THE   DECLARATION   OF   INDEPEN- 
DENCE. 

IN  CONGRESS,  July  4,  1776. 

By  the  Representatives  of  the  United  States  in  Congress 
assembled. 

A  DECLARATION 

WHEN,  in  the  course  of  human  events, 
it  becomes  necessary  for  one  people  to 
dissolve  the  political  bands  which  have  con- 
nected them  with  another,  and  to  assume  among 
the  powers  of  the  earth  the  separate  and  equal 
station  to  which  the  laws  of  nature  and  of  nat- 
ure's God  entitle  them,  a  decent  respect  for 
the  opinions  of  mankind  requires  that  they 
should  declare  the  causes  which  impel  them  to 
the  separation. 

We  hold  these  truths  to  be  self-evident : — that 
all  men  are  created  equal ;  that  they  are  en- 
dowed by  their  Creator  with  certain  unalienable 
rights ;  that  among  these  are  life,  liberty,  and 
the  pursuit  of  happiness  ;  that,  to  secure  these 
rights,  governments  are  instituted  among  men, 
deriving  their  just  powers  from  the  consent  of 

112 


THE  DECLARATION  OF  INDEPENDENCE 

the  governed  ;  that  whenever  any  form  of  gov- 
ernment becomes  destructive  of  these  ends  it  is 
the  right  of  the  people  to  alter  or  to  abolish  it, 
and  to  institute  a  new  government,  laying  its 
foundation  on  such  principles,  and  organizing 
its  powers  in  such  form,  as  to  them  shall  seem 
most  likely  to  effect  their  safety  and  happiness. 
Prudence,  indeed,  will  dictate  that  govern- 
ments long  established  should  not  be  changed 
for  light  and  transient  causes ;  and  accordingly 
all  experience  hath  shown  that  mankind  are 
more  disposed  to  suffer,  while  evils  are  suffer- 
able,  than  to  right  themselves  by  abolishing  the 
forms  to  which  they  are  accustomed.  But  when 
a  long  train  of  abuses  and  usurpations,  pursuing 
invariably  the  same  object,  evinces  a  design  to 
reduce  them  under  absolute  despotism,  it  is 
their  right,  it  is  their  duty,  to  throw  off  such 
government,  and  to  provide  new  guards  for  their 
future  security.  Such  has  been  the  patient  suf- 
ferance of  these  colonies ;  and  such  is  now  the 
necessity  which  constrains  them  to  alter  their 
former  system  of  government.  The  history  of 
the  present  king  of  Great  Britain  is  a  history  of 
repeated  injuries  and  usurpations,  all  having  in 
direct  object  the  establishment  of  an  absolute 
tyranny  over  these  states.  To  prove  this,  let 
facts  be  submitted  to  a  candid  world. 


THE  DECLARATION  OF  INDEPENDENCE 

He  has  refused  his  assent  to  laws  the  most 
wholesome  and  necessary  for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws 
of  immediate  and  pressing  importance,  unless 
suspended  in  their  operation  till  his  assent 
should  be  obtained  ;  and,  when  so  suspended, 
he  has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  ac- 
commodation of  large  districts  of  people,  unless 
those  people  would  relinquish  the  right  of  rep- 
resentation in  the  legislature — a  right  inestima- 
ble to  them,  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at 
places  unusual,  uncomfortable,  and  distant  from 
the  depository  of  their  public  records,  for  the 
sole  purpose  of  fatiguing  them  into  compliance 
with  his  measures. 

He  has  dissolved  representative  houses  re- 
peatedly, for  opposing,  with  manly  firmness, 
his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such 
dissolutions,  to  cause  others  to  be  elected ; 
whereby  the  legislative  powers,  incapable  of  an- 
nihilation, have  returned  to  the  people  at  large 
for  their  exercise ;  the  state  remaining,  in  the 
meantime,  exposed  to  all  the  danger  of  invasion 
from  without  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population 

114 


THE  DECLARATION  OF  INDEPENDENCE 

of  these  states;  for  that  purpose  obstructing  the 
laws  for  naturalization  of  foreigners,  refusing  to 
pass  others  to  encourage  their  migration  hither, 
and  raising  the  conditions  of  new  appropria- 
tions of  lands. 

He  has  obstructed  the  administration  of 
justice,  by  refusing  his  assent  to  laws  for  es- 
tablishing judiciary  powers. 

He  has  made  judges  dependent  on  his  will 
alone  for  the  tenure  of  their  offices  and  the 
amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices, 
and  sent  hither  swarms  of  officers,  to  harass 
our  people  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace, 
standing  armies,  without  the  consent  of  our 
legislatures. 

He  has  affected  to  render  the  military  in- 
dependent of  and  superior  to  the  civil  power. 

He  has  combined  with  others  to  subject  us 
to  a  jurisdiction  foreign  to  our  constitution  and 
unacknowledged  by  our  laws  ;  giving  his  assent 
to  their  acts  of  pretended  legislation, — 

For  quartering  large  bodies  of  armed  troops 
among  us : 

For  protecting  them,  by  a  mock  trial,  from 
punishment  for  any  murders  which  they  should 
commit  on  the  inhabitants  of  these  states: 

"5 


THE  DECLARATION  OF  INDEPENDENCE 

For  cutting  off  our  trade  with  all  parts  of  the 
world : 

For  imposing  taxes  on  us  without  our  con- 
sent : 

For  depriving  us,  in  many  cases,  of  the 
benefits  of  trial  by  jury  : 

For  transporting  us  beyond  seas,  to  be  tried 
for  pretended  offences  : 

For  abolishing  the  free  system  of  English 
law  in  a  neighboring  province,  establishing 
therein  an  arbitrary  government,  and  enlarg- 
ing its  boundaries  so  as  to  render  it  at  once 
an  example  and  fit  instrument  for  introducing 
the  same  absolute  rule  into  these  colonies  : 

For  taking  away  our  charters,  abolishing  our 
most  valuable  laws,  and  altering  fundamentally 
the  forms  of  our  government : 

For  suspending  our  own  legislatures,  and 
declaring  themselves  invested  with  power  to 
legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here  by  de- 
claring us  out  of  his  protection,  and  waging 
war  against  us. 

He  has  plundered  our  seas,  ravaged  our 
coasts,  burned  our  towns,  and  destroyed  the 
lives  of  our  people. 

He  is  at  this  time  transporting  large  armies 
of  foreign  mercenaries,  to  complete  the  works 
116 


THE  DECLARATION  OF  INDEPENDENCE 

of  death,  desolation,  and  tyranny,  already  be- 
gun, with  circumstances  of  cruelty  and  perfidy 
scarcely  paralleled  in  the  most  barbarous  ages, 
and  totally  unworthy  the  head  of  a  civilized 
nation. 

He  has  constrained  our  fellow-citizens,  taken 
captive  on  the  high  seas,  to  bear  arms  against 
their  country,  to  become  the  executioners  of 
their  friends  and  brethren,  or  to  fall  themselves 
by  their  hands. 

He  has  excited  domestic  insurrections 
amongst  us,  and  has  endeavored  to  bring  on 
the  inhabitants  of  our  frontiers  the  merciless 
Indian  savages,  whose  known  rule  of  warfare 
is  an  undistinguished  destruction  of  all  ages, 
sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we  have 
petitioned  for  redress  in  the  most  humble 
terms  ;  our  petitions  have  been  answered  only 
by  repeated  injury.  A  prince  whose  character 
is  thus  marked  by  every  act  which  may  define  a 
tyrant  is  unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attention  to 
our  British  brethren.  We  have  warned  them, 
from  time  to  time,  of  attempts  made  by  their 
legislature  to  extend  an  unwarrantable  jurisdic- 
tion over  us.  We  have  reminded  them  of  the 
circumstances  of  our  emigration  and  settlement 
117 


THE  DECLARATION  OF  INDEPENDENCE 

here.  We  have  appealed  to  their  native  justice 
and  magnanimity,  and  we  have  conjured  them, 
by  the  ties  of  our  common  kindred,  to  disavow 
these  usurpations,  which  would  inevitably  in- 
terrupt our  connections  and  correspondence. 
They,  too,  have  been  deaf  to  the  voice  of  justice 
and  consanguinity.  We  must  therefore  acqui- 
esce in  the  necessity  which  denounces  our  sep- 
aration, and  hold  them,  as  we  hold  the  rest  of 
mankind,  enemies  in  war — in  peace,  friends. 

We,  therefore,  the  representatives  of  the 
United  States  of  America,  in  General  Congress 
assembled,  appealing  to  the  Supreme  Judge  of 
the  world  for  the  rectitude  of  our  inten- 
tions, do,  in  the  name  and  by  the  authority 
of  the  good  people  of  these  colonies,  sol- 
emnly publish  and  declare  that  these  United 
Colonies  are,  and  of  right  ought  to  be,  free 
and  independent  states  ;  that  they  are  absolved 
from  all  allegiance  to  the  British  crown,  and 
that  all  political  connection  between  them  and 
the  state  of  Great  Britain  is,  and  ought  to  be, 
totally  dissolved ;  and  that,  as  free  and  inde- 
pendent states,  they  have  full  power  to  levy 
war,  conclude  peace,  contract  alliances,  estab- 
lish commerce,  and  to  do  all  other  acts  and 
things  which  independent  states  may  of  right 
do.  And  for  the  support  of  this  declaration, 
118 


THE   DECLARATION   OF  INDEPENDENCE 


with  a  firm  reliance  on  the  protection  of  Di- 
vine Providence,  we  mutually  pledge  to  each 
other  our  lives,  our  fortunes,  and  our  sacred 
honor. 

Signed  by  order  and  in  behalf  of  the   Con- 
gress. 

JOHN  HANCOCK,  President. 
Attested,  CHARLES  THOMPSON,  Secretary. 


NEW  HAMPSHIRE. 

JOSIAH  BARTLETT, 
WILLIAM  WHIPPLE, 
MATTHEW  THORNTON. 


MASSACHUSETTS  BAY. 

SAMUEL  ADAMS, 
JOHN  ADAMS, 
ROBERT  TREAT  PAINE, 
ELBRIDGE  GERRY. 


RHODE  ISLAND,  &c. 

STEPHEN  HOPKINS, 
WILLIAM  ELLBRY. 

CONNECTICUT. 

ROGER  SHERMAN, 
SAMUEL  HUNTINGTON, 
WILLIAM  WILLIAMS, 
OLIVER  WOLCOTT. 


NEW  JERSEY. 

RICHARD  STOCKTON, 
JOHN  WITHERSPOON, 
FRANCIS  HOPKINSON, 
JOHN  HART, 
ABRAHAM  CLARK. 


PENNSYLVANIA. 

ROBERT  MORRIS, 
BENJAMIN  RUSH, 
BENJAMIN  FRANKLIN, 
JOHN  MORTON, 
GEORGE  CLYMER, 
JAMES  SMITH, 
GEORGE  TAYLOR, 
JAMES  WILSON, 
GEORGE  Ross. 

DELAWARE. 

CAESAR  RODNEY, 
GEORGE  READ, 
THOMAS  M'KEAN. 


119 


THE  DECLARATION  OF  INDEPENDENCE 


NEW  YORK. 

WILLIAM  FLOYD, 
PHILIP  LIVINGSTON, 
FRANCIS  LEWIS, 
LEWIS  MORRIS. 

VIRGINIA. 

GEORGE  WYTHE, 
RICHARD  HENRY  LEE, 
THOMAS  JEFFERSON, 
BENJAMIN  HARRISON, 
THOMAS  NELSON,  Jr., 
FRANCIS  LIGHTFOOT  LEE, 
CARTER  BRAXTON. 

NORTH  CAROLINA. 

WILLIAM  HOOPER, 
JOSEPH  HEWES, 
JOHN  PENN. 


MARYLAND. 

SAMUEL  CHASE, 
WILLIAM  PACA, 
THOMAS  STONE, 
CHARLES   CARROLL,  OF 
Carrollton. 


SOUTH  CAROLINA. 

EDWARD  RUTLEDGE, 
THOMAS  HEYWARD,  Jr., 
THOMAS  LYNCH,  Jr., 
ARTHUR  MIDDLETON. 


GEORGIA. 

BUTTON  GWINNETT, 
LYMAN  HALL, 
GEORGE  WALTON. 


1 20 


CONSTITUTION  OF  THE  UNITED  STATES 


CONSTITUTION    OF    THE 
UNITED   STATES.* 

WE  THE  PEOPLE  of  the  United  States,  in  Order 
to  form  a  more  perfect  Union,  establish  Jus- 
tice, insure  domestic  Tranquility,  provide 
for  the  common  defence,  promote  the  general 
Welfare,  and  secure  the  Blessings  of  Liberty 
to  ourselves  and  our  Posterity,  do  ordain  and 
establish  this  CONSTITUTION  for  the  United 
States  of  America. 

ARTICLE.    I. 

SECTION,  i.    All   legislative   Powers   herein 
granted  shall  be  vested  in  a  Congress  of  the 

*  In  May,  1785,  a  committee  of  Congress  made  a  report 
recommending  an  alteration  in  the  Articles  of  Confedera- 
tion, but  no  action  was  taken  on  it,  and  it  was  left  to  the 
State  Legislatures  to  proceed  in  the  matter.  In  January, 
1786,  the  Legislature  of  Virginia  passed  a  resolution  pro- 
viding for  the  appointment  of  five  commissioners,  who,  or 
any  three  of  them,  should  meet  such  commissioners  as  might 
be  appointed  in  the  other  States  of  the  Union,  at  a  time 
and  place  to  be  agreed  upon,  to  take  into  consideration  the 
trade  of  the  United  States  ;  to  consider  how  far  a  uniform 
system  in  their  commercial  regulations  may  be  necessary 
to  their  common  interest  and  their  permanent  harmony ; 
and  to  report  to  the  several  States  such  an  act,  relative  to 
this  great  object,  as,  when  ratified  by  them,  will  enable  the 

121 


CONSTITUTION   OF  THE   UNITED  STATES 

United  States,  which  shall  consist  of  a  Senate 
and  House  of  Representatives. 

SECTION.  2.  The  House  of  Representatives 
shall  be  composed  of  Members  chosen  every 

United  States  in  Congress  effectually  to  provide  for  the 
same.  The  Virginia  commissioners,  after  some  corre- 
spondence, fixed  the  first  Monday  in  September  as  the 
time,  and  the  city  of  Annapolis  as  the  place  for  the  meet- 
ing, but  only  four  other  States  were  represented,  viz.  : 
Delaware,  New  York,  New  Jersey,  and  Pennsylvania  ;  the 
commissioners  appointed  by  Massachusetts,  New  Hamp- 
shire, North  Carolina,  and  Rhode  Island  failed  to  attend. 
Under  the  circumstances  of  so  partial  a  representation,  the 
commissioners  present  agreed  upon  a  report,  (drawn  by 
Mr.  Hamilton,  of  New  York,)  expressing  their  unanimous 
conviction  that  it  might  essentially  tend  to  advance  the  in- 
terests of  the  Union  if  the  States  by  which  they  were  re- 
spectively delegated  would  concur,  and  use  their  endeav- 
ors to  procure  the  concurrence  of  the  other  States,  in  the 
appointment  of  commissioners  to  meet  at  Philadelphia  on 
the  second  Monday  of  May  following,  to  take  into  consid- 
eration the  situation  of  the  United  States  ;  to  devise  such 
further  provisions  as  should  appear  to  them  necessary  to 
render  the  Constitution  of  the  Federal  Government  ade- 
quate to  the  exigencies  of  the  Union  ;  and  to  report  such 
an  act  for  that  purpose  to  the  United  States  in  Congress 
assembled  as,  when  agreed  to  by  them  and  afterwards  con- 
firmed by  the  Legislatures  of  every  State,  would  effec- 
tually provide  for  the  same. 

Congress,  on  the  2ist  of  February,  1787,  adopted  a 
resolution  in  favor  of  a  convention,  and  the  Legislatures 
of  those  States  which  had  not  already  done  so  (with  the 
exception  of  Rhode  Island)  promptly  appointed  delegates. 
On  the  25th  of  May,  seven  States  having  convened,  George 
Washington,  of  Virginia,  was  unanimously  elected  Presi- 


CONSTITUTION  OF  THE  UNITED  STATES 

second  Year  by  the  People  of  the  several  States, 
and  the  Electors  in  each  State  shall  have  the 
Qualifications  requisite  for  Electors  of  the 

dent,  and  the  consideration  of  the  proposed  constitution 
was  commenced.  On  the  iyth  of  September,  1787,  the 
Constitution  as  engrossed  and  agreed  upon  was  signed  by 
all  the  members  present,  except  Mr.  Gerry,  of  Massachu- 
setts, and  Messrs.  Mason  and  Randolph,  of  Virginia.  The 
president  of  the  convention  transmitted  it  to  Congress, 
tfith  a  resolution  stating  how  the  proposed  Federal  Gov- 
ernment should  be  put  in  operation,  and  an  explanatory 
letter.  Congress,  on  the  28th  of  September,  1787,  directed 
the  Constitution  so  framed,  with  the  resolutions  and  letter 
concerning  the  same,  to  "be  transmitted  to  the  several 
Legislatures  in  order  to  be  submitted  to  a  convention  of 
delegates  chosen  in  each  State  by  the  people  thereof,  in 
conformity  to  the  resolves  of  the  convention.'' 

On  the  4th  of  March,  1789,  the  day  which  had  been  fixed 
for  commencing  the  operations  of  Government  under  the 
new  Constitution,  it  had  been  ratified  by  the  conventions 
chosen  in  each  State  to  consider  it,  as  follows  :  Delaware, 
December  7,  1787  ;  Pennsylvania,  December  12,  1787  ; 
New  Jersey,  December  18,  1787;  Georgia,  January  2, 
1788  ;  Connecticut,  January  9,  1788  ;  Massachusetts,  Feb- 
ruary 6,  1788  ;  Maryland,  April  28,  1788  ;  South  Carolina, 
May  23,  1788  ;  New  Hampshire,  June  21,  1788  ;  Virginia, 
June  26,  1788;  and  New  York,  July  26,  1788. 

The  President  informed  Congress,  on  the  28th  of  Jan- 
uary, 1790,  that  North  Carolina  had  ratified  the  Constitu- 
tion November  21,  1789  ;  and  he  informed  Congress  on 
the  ist  of  June,  1790,  that  Rhode  Island  had  ratified  the 
Constitution  May  29,  1789.  Vermont,  in  convention,  rati- 
fied the  Constitution  January  10,  1791,  and  was,  by  an 
act  of  Congress  approved  February  18,  1791,  "  received 
and  admitted  into  this  Union  as  a  new  and  entire  mem- 
ber of  the  United  States." 

123 


CONSTITUTION  OF  THE   UNITED  STATES 

most   numerous  Branch  of  the   State  Legisla- 
ture. 

No  Person  shall  be  a  Representative  who 
shall  not  have  attained  to  the  Age  of  twenty- 
five  Years,  and  been  seven  Years  a  Citizen  of 
the  United  States,  and  who  shall  not,  when 
elected,  be  an  Inhabitant  of  that  State  in  which 
he  shall  be  chosen. 

*  [Representatives  and  direct  Taxes  shall  be 
apportioned  among  the  several  States  which  may 
be  included  within   this   Union,   according  to 
their  respective  Numbers,  which  shall  be  deter- 
mined by  adding  to  the  whole  Number  of  free 
Persons,  including  those  bound  to  Service  for 
a  Term  of  Years,  and  excluding  Indians  not 
taxed,  three  fifths  of  all  other  Persons.]     The 
actual  Enumeration  shall  be  made  within  three 
Years  after  the  first  Meeting  of  the  Congress  of 
the  United  States,  and  within  every  subsequent 
Term  of  ten  Years,  in  such  Manner  as  they  shall 
by  Law  direct.     The  Number  of  Representa- 
tives shall  not  exceed  one  for  every  thirty  Thou- 
sand, but  each  State  shall  have  at  Least  one 
Representative ;    and  until  such    enumeration 
shall  be  made,   the  State  of  New  Hampshire 

*  The  clause  included  in  brackets  is  amended  by  the 
I4th  amendment,  2d  section,  p.  153. 

124 


CONSTITUTION  OF  THE   UNITED  STATES 

shall  be  entitled  to  chuse  three,  Massachusetts 
eight,  Rhode-Island  and  Providence  Planta- 
tions one,  Connecticut  five,  New-York  six,  New 
Jersey  four,  Pennsylvania  eight,  Delaware  one, 
Maryland  six,  Virginia  ten,  North  Carolina 
five,  South  Carolina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  Representa- 
tion from  any  State,  the  Executive  Authority 
thereof  shall  issue  Writs  of  Election  to  fill  such 
Vacancies. 

The  House  of  Representatives  shall  chuse 
their  Speaker  and  other  Officers ;  and  shall  have 
the  sole  Power  of  Impeachment. 

SECTION.  3.  The  Senate  of  the  United  States 
shall  be  composed  of  two  Senators  from  each 
State,  chosen  by  the  Legislature  thereof,  for 
six  Years ;  and  each  Senator  shall  have  one 
Vote. 

Immediately  after  they  shall  be  assembled  in 
Consequence  of  the  first  Election,  they  shall  be 
divided  as  equally  as  may  be  into  three  Classes. 
The  Seats  of  the  Senators  of  the  first  Class  shall 
be  vacated  at  the  Expiration  of  the  second  Year, 
of  the  second  Class  at  the  Expiration  of  the 
fourth  Year,  and  of  the  third  Class  at  the  Ex- 
piration of  the  sixth  Year,  so  that  one-third 
may  be  chosen  every  second  year ;  and  if  Va- 
cancies happen  by  Resignation,  or  otherwise, 

125 


CONSTITUTION  OF  THE   UNITED  STATES 

during  the  Recess  of  the  Legislature  of  any 
State,  the  Executive  thereof  may  make  tem- 
porary Appointments  until  the  next  Meeting  of 
the  Legislature,  which  shall  then  fill  such  Va- 
cancies. 

No  Person  shall  be  a  Senator  who  shall  not 
have  attained  to  the  Age  of  thirty  Years,  and 
been  nine  Years  a  Citizen  of  the  United  States, 
and  who  shall  not,  when  elected,  be  an  Inhabi- 
tant of  that  State  for  which  he  shall  be  chosen. 

The  Vice  President  of  the  United  States  shall 
be  President  of  the  Senate,  but  shall  have  no 
Vote,  unless  they  be  equally  divided. 

The  Senate  shall  chuse  their  other  Officers, 
and  also  a  President  pro  tempore,  in  the  Ab- 
sence of  the  Vice  President,  or  when  he  shall 
exercise  the  Office  of  President  of  the  United 
States. 

The  Senate  shall  have  the  sole  Power  to  try 
all  Impeachments.  When  sitting  for  that  Pur- 
pose, they  shall  be  on  Oath  or  Affirmation. 
When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside :  And  no 
Person  shall  be  convicted  without  the  Concur- 
rence of  two  thirds  of  the  Members  present. 

Judgment  in  Cases  of  Impeachment  shall  not 
extend  further  than  to  removal  from  Office,  and 
disqualification  to  hold  and  enjoy  any  Office  of 
126 


CONSTITUTION  OF  THE  UNITED  STATES 

honor,  Trust  or  Profit  under  the  United  States  : 
but  the  Party  convicted  shall  nevertheless  be 
liable  and  subject  to  Indictment,  Trial,  Judg- 
ment and  Punishment,  according  to  Law. 

SECTION.  4.  The  Times,  Places  and  Manner 
of  holding  Elections  for  Senators  and  Repre- 
sentatives, shall  be  prescribed  in  each  State  by 
the  Legislature  thereof;  but  the  Congress  may 
at  any  time  by  Law  make  or  alter  such  Regu- 
lations, except  as  to  the  Places  of  chusing 
Senators. 

The  Congress  shall  assemble  at  least  once  in 
every  Year,  and  such  Meeting  shall  be  on  the 
first  Monday  in  December,  unless  they  shall  by 
Law  appoint  a  different  Day. 

SECTION.  5.  Each  House  shall  be  the  Judge 
of  the  Elections,  Returns  and  Qualifications  of 
its  own  Members,  and  a  Majority  of  each  shall 
constitute  a  Quorum  to  do  Business ;  but  a 
smaller  Number  may  adjourn  from  day  to  day, 
and  may  be  authorized  to  compel  the  Attend- 
ance of  absent  Members,  in  such  Manner,  and 
under  such  Penalties  as  each  House  may  pro- 
vide. 

Each  House  may  determine  the  Rules  of  its 
Proceedings,  punish  its  Members  for  disorderly 
Behaviour,  and,  with  the  Concurrence  of  two 
thirds,  expel  a  Member. 
127 


CONSTITUTION  OF  THE  UNITED  STATES 

Each  House  shall  keep  a  Journal  of  its  Pro- 
ceedings, and  from  time  to  time  publish  the 
same,  excepting  such  Parts  as  may  in  their 
Judgment  require  Secrecy ;  and  the  Yeas  and 
Nays  of  the  Members  of  either  House  on  any 
question  shall,  at  the  Desire  of  one  fifth  of  those 
Present,  be  entered  on  the  Journal. 

Neither  House,  during  the  Session  of  Con- 
gress, shall,  without  the  Consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any 
other  Place  than  that  in  which  the  two  Houses 
shall  be  sitting. 

SECTION.  6.  The  Senators  and  Representatives 
shall  receive  a  Compensation  for  their  Services, 
to  be  ascertained  by  Law,  and  paid  out  of  the 
Treasury  of  the  United  States.  They  shall  in 
all  Cases,  except  Treason,  Felony  and  Breach 
of  the  Peace,  be  privileged  from  Arrest  during 
their  Attendance  at  the  Session  of  their  respec- 
tive Houses,  and  in  going  to  and  returning 
from  the  same ;  and  for  any  Speech  or  Debate 
in  either  House,  they  shall  not  be  questioned 
in  any  other  Place. 

No  Senator  or  Representative  shall,  during 
the  Time  for  which  he  was  elected,  be  appointed 
to  any  civil  Office  under  the  Authority  of  the 
United  States,  which  shall  have  been  created, 
or  the  Emoluments  whereof  shall  have  been  en- 
128 


CONSTITUTION  OF  THE  UNITED  STATES 

creased  during  such  time ;  and  no  Person  hold- 
ing any  Office  under  the  United  States,  shall  be 
a  Member  of  either  House  during  his  Continu- 
ance in  Office. 

SECTION.  7.  All  Bills  for  raising  Revenue  shall 
originate  in  the  House  of  Representatives ;  but 
the  Senate  may  propose  or  concur  with  Amend- 
ments as  on  other  Bills. 

Every  Bill  which  shall  have  passed  the  House 
of  Representatives  and  the  Senate,  shall,  before 
it  become  a  Law,  be  presented  to  the  President 
of  the  United  States;  If  he  approve  he  shall 
sign  it,  but  if  not  he  shall  return  it,  with  his 
Objections  to  that  House  in  which  it  shall  have 
originated,  who  shall  enter  the  Objections  at 
large  on  their  Journal,  and  proceed  to  recon- 
sider it.  If  after  such  Reconsideration  two 
thirds  of  that  House  shall  agree  to  pass  the  Bill, 
it  shall  be  sent,  together  with  the  Objections, 
to  the  other  House,  by  which  it  shall  likewise 
be  reconsidered,  and  if  approved  by  two  thirds 
of  that  House,  it  shall  become  a  Law.  But  in 
all  such  Cases  the  Votes  of  both  Houses  shall 
be  determined  by  Yeas  and  Nays,  and  the 
Names  of  the  Persons  voting  for  and  against  the 
Bill  shall  be  entered  on  the  Journal  of  each 
House  respectively.  If  any  Bill  shall  not  be 
returned  by  the  President  within  ten  Days 
129 


CONSTITUTION  OF  THE  UNITED  STATES 

(Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  Same  shall  be  a  Law,  in 
like  Manner  as  if  he  had  signed  it,  unless  the 
Congress  by  their  Adjournment  prevent  its  Re- 
turn, in  which  Case  it  shall  not  be  a  Law. 

Every  Order,  Resolution,  or  Vote  to  which 
the  Concurrence  of  the  Senate  and  House  of 
Representatives  may  be  necessary  (except  on  a 
question  of  Adjournment)  shall  be  presented  to 
the  President  of  the  United  States ;  and  before 
the  Same  shall  take  Effect,  shall  be  approved  by 
hinij  or  being  disapproved  by  him,  shall  be  re- 
passed  by  two  thirds  of  the  Senate  and  House 
of  Representatives,  according  to  the  Rules  and 
Limitations  prescribed  in  the  Case  of  a  Bill. 

SECTION.  8.  The  Congress  shall  have  Power 
To  lay  and  collect  Taxes,  Duties,  Imposts  and 
Excises,  to  pay  the  Debts  and  provide  for  the 
common  Defence  and  general  Welfare  of  the 
United  States;  but  all  Duties,  Imposts  and 
Excises  shall  be  uniform  throughout  the  United 
States ; 

To  borrow  Money  on  the  credit  of  the  United 
States ; 

To  regulate  Commerce  with  foreign  Nations, 
and  among  the  several  States,  and  with  the  Ind- 
ian Tribes ; 

To  establish  an  uniform  Rule  of  Naturaliza- 

130 


CONSTITUTION  OF  THE   UNITED  STATES 

tion,  and  uniform  Laws  on  the  subject  of  Bank- 
ruptcies throughout  the  United  States ; 

To  coin  Money,  regulate  the  Value  thereof, 
and  of  foreign  Coin,  and  fix  the  Standard  of 
Weights  and  Measures ; 

To  provide  for  the  Punishment  of  counter- 
feiting the  Securities  and  current  Coin  of  the 
United  States; 

To  establish  Post  Offices  and  post  Roads ; 

To  promote  the  Progress  of  Science  and  use- 
ful Arts,  by  securing  for  limited  Times  to 
Authors  and  Inventors  the  exclusive  Right  to 
their  respective  Writings  and  Discoveries  ; 

To  constitute  Tribunals  inferior  to  the  su- 
preme Court ; 

To  define  and  punish  Piracies  and  Felonies 
committed  on  the  high  Seas,  and  Offences  against 
the  Law  of  Nations  ; 

To  declare  War,  grant  Letters  of  Marque 
and  Reprisal,  and  make  Rules  concerning  Capt- 
ures on  Land  and  Water ; 

To  raise  and  support  Armies,  but  no  Appro- 
priation of  Money  to  that  Use  shall  be  for  a 
longer  Term  than  two  Years ; 

To  provide  and  maintain  a  Navy ; 

To  make  Rules  for  the  Government  and  Reg- 
ulation of  the  land  and  naval  Forces  ; 

To  provide  for  calling  forth  the  Militia  to 


CONSTITUTION  OF  THE   UNITED  STATES 

execute  the  Laws  of  the  Union,  suppress  Insur- 
rections and  repel  Invasions ; 

To  provide  for  organizing,  arming,  and  dis- 
ciplining, the  Militia,  and  for  governing  such 
Part  of  them  as  may  be  employed  in  the  Ser- 
vice of  the  United  States,  reserving  to  the 
States  respectively,  the  Appointment  of  the 
Officers,  and  the  Authority  of  training  the  Mil- 
itia according  to  the  discipline  prescribed  by 
Congress  ; 

To  exercise  exclusive  Legislation  in  all  Cases 
whatsoever,  over  such  District  (not  exceeding 
ten  Miles  square)  as  may,  by  Cession  of  partic- 
ular States,  and  the  Acceptance  of  Congress, 
become  the  Seat  of  the  Government  of  the 
United  States,  and  to  exercise  like  Authority 
over  all  Places  purchased  by  the  Consent  of  the 
Legislature  of  the  State  in  which  the  Same 
shall  be,  for  the  Erection  of  Forts,  Magazines, 
Arsenals,  dock-Yards,  and  other  needful  Build- 
ings ; — And 

To  make  all  Laws  which  shall  be  necessary 
and  proper  for  carrying  into  Execution  the 
foregoing  Powers,  and  all  other  Powers  vested 
by  this  Constitution  in  the  Government  of  the 
United  States,  or  in  any  Department  or  Officer 
thereof. 

SECTION.  9.  The  Migration  or  Importation 
132 


CONSTITUTION  OF  THE   UNITED  STATES 

of  such  Persons  as  any  of  the  States  now  exist- 
ing shall  think  proper  to  admit,  shall  not  be 
prohibited  by  the  Congress  prior  to  the  Year 
one  thousand  eight  hundred  and  eight,  but  a 
Tax  or  duty  may  be  imposed  on  such  Im- 
portation, not  exceeding  ten  dollars  for  each 
Person. 

The  Privilege  of  the  Writ  of  Habeas  Corpus 
shall  not  be  suspended,  unless  when  in  Cases  of 
Rebellion  or  Invasion  the  public  Safety  may 
require  it. 

No  Bill  of  Attainder  or  ex  post  facto  Law 
shall  be  passed. 

No  Capitation,  or  other  direct,  tax  shall  be 
laid,  unless  in  Proportion  to  the  Census  or  Enu- 
meration herein  before  directed  to  be  taken. 

No  Tax  or  Duty  shall  be  laid  on  Articles  ex^ 
ported  from  any  State. 

No  Preference  shall  be  given  by  any  Regula- 
tion of  Commerce  or  Revenue  to  the  Ports  of 
one  State  over  those  of  another :  nor  shall  Ves- 
sels bound  to,  or  from,  one  State,  be  obliged 
to  enter,  clear,  or  pay  Duties  in  another. 

No  Money  shall  be  drawn  from  the  Treasury, 
but  in  Consequence  of  Appropriations  made  by 
Law ;  and  a  regular  Statement  and  Account  of 
the  Receipts  and  Expenditures  of  all  public 
Money  shall  be  published  from  time  to  time. 

133 


CONSTITUTION  OF  THE   UNITED  STATES 

No  Title  of  Nobility  shall  be  granted  by  the 
United  States  :  And  no  Person  holding  any 
Office  of  Profit  or  Trust  under  them,  shall, 
without  the  Consent  of  the  Congress,  accept  of 
any  present,  Emolument,  Office,  or  Title,  of 
any  kind  whatever,  from  any  King,  Prince,  or 
foreign  State. 

SECTION.  10.  No  State  shall  enter  into  any 
Treaty,  Alliance,  or  Confederation ;  grant  Let- 
ters of  Marque  and  Reprisal ;  coin  Money ; 
emit  Bills  of  Credit ;  make  any  Thing  but  gold 
and  silver  Coin  a  Tender  in  Payment  of  Debts ; 
pass  any  Bill  of  Attainder,  ex  post  facto  Law, 
or  Law  impairing  the  Obligation  of  Contracts, 
or  grant  any  Title  of  Nobility. 

No  State  shall,  without  the  Consent  of  the 
Congress,  lay  any  Imposts  or  Duties  on  Im- 
ports or  Exports,  except  what  may  be  abso- 
lutely necessary  for  executing  it's  inspection 
Laws :  and  the  net  Produce  of  all  Duties  and 
Imposts,  laid  by  any  State  on  Imports  or  Ex- 
ports, shall  be  for  the  Use  of  the  Treasury  of 
the  United  States ;  and  all  such  Laws  shall  be 
subject  to  the  Revision  and  Controul  of  the 
Congress. 

No  State  shall,  without  the  Consent  of 
Congress,  lay  any  Duty  of  Tonnage,  keep 
Troops,  or  Ships  of  War  in  time  of  Peace,  enter 

134 


CONSTITUTION  OF  THE   UNITED  STATES 

into  any  Agreement  or  Compact  with  another 
State,  or  with  a  foreign  Power,  or  engage  in 
War,  unless  actually  invaded,  or  in  such  immi- 
nent Danger  as  will  not  admit  of  delay. 

ARTICLE.    II. 

SECTION,  i.  The  executive  Power  shall  be 
vested  in  a  President  of  the  United  States  of 
America.  He  shall  hold  his  Office  during  the 
Term  of  four  Years,  and,  together  with  the  Vice 
President,  chosen  for  the  same  Term,  be  elect- 
ed, as  follows : 

Each  State  shall  appoint,  in  such  Manner  as 
the  Legislature  thereof  may  direct,  a  Number 
of  Electors,  equal  to  the  whole  Number  of  Sen- 
ators and  Representatives  to  which  the  State 
may  be  entitled  in  the  Congress :  but  no  Sena- 
tor or  Representative,  or  Person  holding  an 
Office  of  Trust  or  Profit  under  the  United 
States,  shall  be  appointed  an  Elector. 

["  The  electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  two  Persons,  of  whom  one  at  least 
shall  not  be  an  Inhabitant  of  the  same  State  with  them- 
selves. And  they  shall  make  a  List  of  all  the  Persons 
voted  for,  and  of  the  Number  of  Votes  for  each  ;  which 
List  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
Seat  of  the  Government  of  the  United  States,  directed  to 
the  President  of  the  Senate.  The  President  of  the  Sen- 
ate shall,  in  the  Presence  of  the  Senate  and  House  of 

135 


CONSTITUTION  OF  THE   UNITED  STATES 

Representatives,  open  all  the  Certificates,  and  the  Votes 
shall  then  be  counted.  The  Person  having  the  greatest 
Number  of  Votes  shall  be  the  President,  if  such  Number 
be  a  Majority  of  the  whole  Number  of  Electors  appointed ; 
and  if  there  be  more  than  one  who  have  such  Majority, 
and  have  an  equal  Number  of  Votes,  then  the  House  of 
Representatives  shall  immediately  chuse  by  Ballot  one  of 
them  for  President ;  and  if  no  Person  have  a  Majority, 
then  from  the  five  highest  on  the  List  the  said  House  shall 
in  like  Manner  chuse  the  President.  But  in  chusing  the 
President,  the  Votes  from  two-thirds  of  the  States,  and  a 
Majority  of  all  the  States  shall  be  necessary  to  a  Choice. 
In  every  Case,  after  the  Choice  of  the  President,  the  Per- 
son having  the  greatest  Number  of  Votes  of  the  Electors 
shall  be  the  Vice  President.  But  if  there  should  remain 
two  or  more  who  have  equal  Votes,  the  Senate  shall  chuse 
from  them  by  Ballot  the  Vice-President. "] 

This  clause  has  been  superseded  by  the  twelfth  amend- 
ment, p.  150. 

The  Congress  may  determine  the  Time  of 
chusing  the  Electors,  and  the  Day  on  which 
they  shall  give  their  Votes  ;  which  Day  shall 
be  the  same  throughout  the  United  States. 

No  Person  except  a  natural  born  Citizen,  or 
a  Citizen  of  the  United  States,  at  the  time  of 
the  Adoption  of  this  Constitution,  shall  be 
eligible  to  the  Office  of  President ;  neither  shall 
any  Person  be  eligible  to  that  Office  who  shall 
not  have  attained  to  the  Age  of  thirty  five 
Years,  and  been  fourteen  Years  a  Resident 
within  the  United  States. 

In  Case  of  the  Removal   of  the  President 

136 


CONSTITUTION  OF  THE   UNITED  STATES 

'  from  Office,  or  of  his  Death,  Resignation,  or 
Inability  to  discharge  the  Powers  and  Duties  of 
the  said  Office,  the  same  shall  devolve  on  the 
Vice  President,  and  the  Congress  may  by  Law 
provide  for  the  Case  of  Removal,  Death,  Res- 
ignation or  Inability,  both  of  the  President 
and  Vice  President,  declaring  what  Officer 
shall  then  act  as  President,  and  such  Officer 
shall  act  accordingly,  until  the  Disability  be 
removed,  or  a  President  shall  be  elected. 

The  President  shall,  at  stated  Times,  receive 
for  his  Services,  a  Compensation,  which  shall 
neither  be  encreased  nor  diminished  during  the 
Period  for  which  he  shall  have  been  elected, 
and  he  shall  not  receive  within  that  Period  any 
other  Emolument  from  the  United  States,  or 
any  of  them. 

Before  he  enter  on  the  Execution  of  his  Of- 
fice, he  shall  take  the  following  Oath  or  Af- 
firmation : — "  I  do  solemnly  swear  (or  affirm) 
that  I  will  faithfully  execute  the  Office  of  Presi- 
dent of  the  United  States,  and  will  to  the  best 
of  my  Ability,  preserve,  protect  and  defend  the 
Constitution  of  the  United  States. ' ' 

SECTION.  2.  The  President  shall  be  Com- 
mander in  Chief  of  the  Army  and  Navy  of  the 
United  States,  and  of  the  Militia  of  the  several 
States,  when  called  into  the  actual  Service  of 

137 


CONSTITUTION  OF  THE   UNITED  STATES 

the  United  States  ;  he  may  require  the  Opinion, 
in  writing,  of  the  principal  Officer  in  each  of 
the  executive  Departments,  upon  any  Subject 
relating  to  the  Duties  of  their  respective  Offices, 
and  he  shall  have  Power  to  grant  Reprieves  and 
Pardons  for  Offences  against  the  United  States, 
except  in  Cases  of  Impeachment. 

He  shall  have  Power,  by  and  with  the  Advice 
and  Consent  of  the  Senate,  to  make  Treaties, 
provided  two-thirds  of  the  Senators  present 
concur ;  and  he  shall  nominate,  and  by  and 
with  the  Advice  and  Consent  of  the  Senate, 
shall  appoint  Ambassadors,  other  public  Minis- 
ters and  Consuls,  Judges  of  the  supreme  Court, 
and  all  other  Officers  of  the  United  States, 
whose  Appointments  are  not  herein  otherwise 
provided  for,  and  which  shall  be  established  by 
Law  :  but  the  Congress  may  by  Law  vest  the 
Appointment  of  such  inferior  Officers,  as  they 
think  proper,  in  the  President  alone,  in  the 
Courts  of  Law,  or  in  the  Heads  of  Depart- 
ments. 

The  President  shall  have  Power  to  fill  up 
all  Vacancies  that  may  happen  during  the  Re- 
cess of  the  Senate,  by  granting  Commissions 
which  shall  expire  at  the  End  of  their  next 
Session. 

SECTION.  3.   He  shall  from  time  to  time  give 

138 


CONSTITUTION  OF  THE   UNITED  STATES 

to  the  Congress  Information  of  the  State  of  the 
Unicm,  and  recommend  to  their  Consideration 
such  Measures  as  he  shall  judge  necessary  and 
expedient ;  he  may,  on  extraordinary  Occa- 
sions, convene  both  Houses,  or  either  of  them, 
and  in  Case  of  Disagreement  between  them, 
with  Respect  to  the  Time  of  Adjournment,  he 
may  adjourn  them  to  such  Time  as  he  shall 
think  proper ;  he  shall  receive  Ambassadors  and 
other  public  Ministers ;  he  shall  take  Care  that 
the  Laws  be  faithfully  executed,  and  shall  Com- 
mission all  the  Officers  of  the  United  States. 

SECTION.  4.  The  President,  Vice  President 
and  all  civil  Officers  of  the  United  States,  shall 
be  removed  from  Office  on  Impeachment  for, 
and  Conviction  of,  Treason,  Bribery,  or  other 
high  Crimes  and  Misdemeanors. 

ARTICLE    III. 

SECTION,  i.  The  judicial  Power  of  the 
United  States,  shall  be  vested  in  one  supreme 
Court,  and  in  such  inferior  Courts  as  the  Con- 
gress may  from  time  to  time  ordain  and  es- 
tablish. The  Judges,  both  of  the  supreme  and 
inferior  Courts,  shall  hold  their  Offices  during 
good  Behaviour,  and  shall,  at  stated  Times,  re- 
ceive for  their  Services,  a  Compensation,  which 

139 


CONSTITUTION  OF  THE   UNITED  STATES 

shall  not  be  diminished  during  their  Continu- 
ance in  Office. 

SECTION.  2.  The  judicial  Power  shall  extend 
to  all  Cases,  in  Law  and  Equity,  arising  under 
this  Constitution,  the  Laws  of  the  United 
States,  and  Treaties  made,  or  which  shall  be 
made,  under  their  Authority ; — to  all  Cases  af- 
fecting Ambassadors,  other  public  Ministers 
and  Consuls  ; — to  all  Cases  of  admiralty  and 
maritime  Jurisdiction ; — to  Controversies  to 
which  the  United  States  shall  be  a  Party ; — to 
Controversies  between  two  or  more  States ; — 
between  a  State  and  Citizens  of  another  State ; 
— between  Citizens  of  different  States, — be- 
tween Citizens  of  the  same  State  claiming 
Lands  under  Grants  of  different  States,  and  be- 
tween a  State,  or  the  Citizens  thereof,  and 
foreign  States,  Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadors,  other 
public  Ministers  and  Consuls,  and  those  in 
which  a  State  shall  be  Party,  the  supreme  Court 
shall  have  original  Jurisdiction.  In  all  the 
other  Cases  before  mentioned,  the  supreme 
Court  shall  have  appellate  Jurisdiction,  both  as 
to  Law  and  Fact,  with  such  Exceptions,  and 
under  such  Regulations  as  the  Congress  shall 
make. 

The  Trial  of  all  Crimes,  except  in  Case^  of 
140 


CONSTITUTION  OF  THE  UNITED  STATES 

Impeachment,  shall  be  by  Jury  ;  and  such  Trial 
shall  be  held  in  the  State  where  the  said  Crimes 
shall  have  been  committed  ;  but  when  not  com- 
mitted within  any  State,  the  Trial  shall  be  at 
such  Place  or  Places  as  the  Congress  may  by 
Law  have  directed. 

SECTION.  3.  Treason  against  the  United 
States,  shall  consist  only  in  levying  War  against 
them  or  in  adhering  to  their  Enemies,  giving 
them  Aid  and  Comfort.  No  Person  shall  be 
convicted  of  Treason  unless  on  the  Testimony 
of  two  Witnesses  to  the  same  overt  Act,  or  on 
Confession  in  open  Court. 

The  Congress  shall  have  Power  to  declare  the 
Punishment  of  Treason,  but  no  Attainder  of 
Treason  shall  work  Corruption  of  Blood,  or 
Forfeiture  except  during  the  Life  of  the  Person 
attainted. 

ARTICLE.    IV. 

SECTION,  i.  Full  Faith  and  Credit  shall  be 
given  in  each  State  to  the  public  Acts,  Records, 
and  judicial  Proceedings  of  every  other  State. 
And  the  Congress  may  by  general  Laws  pre- 
scribe the  Manner  in  which  such  Acts,  Records 
and  Proceedings  shall  be  proved,  and  the  Effect 
thereof. 

SECTION.  2.  The  Citizens  of  each  State  shall 
141 


CONSTITUTION  OF  THE   UNITED  STATES 

be  entitled  to  all  Privileges  and  Immunities  of 
Citizens  in  the  several  States. 

A  Person  charged  in  any  State  with  Treason, 
Felony,  or  other  Crime,  who  shall  flee  from 
Justice,  and  be  found  in  another  State,  shall 
on  Demand  of  the  executive  Authority  of  the 
State  from  which  he  fled,  be  delivered  up,  to 
be  removed  to  the  State  having  Jurisdiction  of 
the  Crime. 

No  Person  held  to  Service  or  Labour  in  one 
State,  under  the  Laws  thereof,  escaping  into 
another,  shall,  in  Consequence  of  any  Law  or 
Regulation  therein,  be  discharged  from  such 
Service  or  Labour,  but  shall  be  delivered  up  on 
Claim  of  the  Party  to  whom  such  Service  or 
Labour  may  be  due. 

SECTION.  3.  New  States  may  be  admitted  by 
the  Congress  into  this  Union ;  but  no  new 
State  shall  be  formed  or  erected  within  the 
Jurisdiction  of  any  other  State  ;  nor  any  State 
be  formed  by  the  Junction  of  two  or  more 
States,  or  Parts  of  States,  without  the  Consent 
of  the  Legislatures  of  the  States  concerned  as 
well  as  of  the  Congress. 

The  Congress  shall  have  Power  to  dispose  of 
and  make  all  needful  Rules  and  Regulations 
respecting  the  Territory  or  other  Property  be- 
longing to  the  United  States ;  and  nothing  in 
142 


CONSTITUTION  OF  THE   UNITED  STATES 

this  Constitution  shall  be  so  construed  as  to 
Prejudice  any  Claims  of  the  United  States,  or 
of  any  particular  State. 

SECTION.  4.  The  United  States  shall  guaran- 
tee to  every  State  in  this  Union  a  Republican 
Form  of  Government,  and  shall  protect  each  of 
them  against  Invasion  ;  and  on  Application  of 
the  Legislature,  or  of  the  Executive  (when  the 
Legislature  cannot  be  convened)  against  do- 
mestic Violence. 

ARTICLE.    V. 

The  Congress,  whenever  two  thirds  of  both 
Houses  shall  deem  it  necessary,  shall  propose 
Amendments  to  this  Constitution,  or,  on  the 
Application  of  the  Legislatures  of  two  thirds  of 
the  several  States,  shall  call  a  Convention  for 
proposing  Amendments,  which,  in  either  Case, 
shall  be  valid  to  all  Intents  and  Purposes,  as 
Part  of  this  Constitution,  when  ratified  by  the 
Legislatures  of  three  fourths  of  the  several  States, 
or  by  Conventions  in  three  fourths  thereof,  as 
the  one  or  the  other  Mode  of  Ratification  may 
be  proposed  by  the  Congress  ;  Provided  that 
no  Amendment  which  may  be  made  prior  to  the 
Year  One  thousand  eight  hundred  and  eight 
shall  in  any  Manner  affect  the  first  and  fourth 

143 


CONSTITUTION  OF  THE  UNITED  STATES 

Clauses  in  the  Ninth  Section  of  the  first  Article  ; 
and  that  no  State,  without  its  Consent,  shall  be 
deprived  of  its  equal  Suffrage  in  the  Senate. 

ARTICLE.    VI. 

All  Debts  contracted  and  Engagements  en- 
tered into,  before  the  Adoption  of  this  Consti- 
tution, shall  be  as  valid  against  the  United 
States  under  this  Constitution,  as  under  the 
Confederation. 

This  Constitution,  and  the  Laws  of  the  United 
States  which  shall  be  made  in  Pursuance  there- 
of; and  all  Treaties  made,  or  which  shall  be 
made,  under  the  Authority  of  the  United  States, 
shall  be  the  supreme  Law  of  the  Land  j  and  the 
Judges  in  every  State  shall  be  bound  thereby, 
any  Thing  in  the  Constitution  or  Laws  of  any 
State  to  the  Contrary  notwithstanding. 

The  Senators  and  Representatives  before 
mentioned,  and  the  Members  of  the  several 
State  Legislatures,  and  all  executive  and  judicial 
Officers,  both  of  the  United  States  and  of  the 
several  States,  shall  be  bound  by  Oath  or  Af- 
firmation, to  support  this  Constitution  ;  but  no 
religious  Test  shall  ever  be  required  as  a  Quali- 
fication to  any  Office  or  public  Trust  under  the 
United  States. 

144 


CONSTITUTION  OF  THE   UNITED  STATES 

ARTICLE.   VII. 

The  Ratification  of  the  Conventions  of  nine 
States,  shall  be  sufficient  for  the  Establishment 
of  this  Constitution  between  the  States  so  rati- 
fying the  Same. 

DONE  in  Convention  by  the  Unanimous  Con- 
sent of  the  States  present  the  Seventeenth 
Day  of  September  in  the  Year  of  our  Lord 
one  thousand  seven  hundred  and  Eighty 
seven  and  of  the  Independance  of  the  United 
States  of  America  the  Twelfth.  IN  WITNESS 
whereof  We  have  hereunto  subscribed  our 
Names, 

GQ  WASHINGTON— 
Presidt.  and  Deputy  from  Virginia 

NEW  HAMPSHIRE.' 
JOHN  LANGDON,  NICHOLAS  OILMAN. 

MASSACHUSETTS. 
NATHANIEL  GORHAM,         RUFUS  KING. 

CONNECTICUT. 
WM.  SAML.  JOHNSON,         ROGER  SHERMAN. 

NEW   YORK. 
ALEXANDER  HAMILTON. 


CONSTITUTION  OF  THE   UNITED  STATES 

NEW   JERSEY. 

WIL:  LIVINGSTON,  WM.  PATERSON, 

DAVID  BREARLEY,  JONA.  DAYTON. 

PENNSYLVANIA. 

B.  FRANKLIN,  THOMAS  MIFFLIN, 

ROBT.  MORRIS,  GEO  :  CLYMER, 

THO:  FITZSIMONS,  JARED  INGERSOLL, 

JAMES  WILSON,  Gouv:  MORRIS. 

DELAWARE. 

GEO:  READ,  GUNNING  BEDFORD,  Jun'r, 

JOHN  DICKINSON,  RICHARD  BASSETT. 

JACO:  BROOM, 

MARYLAND. 

JAMES  M'HENRY,  DAN  :  OF  ST.  THOS.  JENI- 

DANL  CARROLL  .  FER, 

VIRGINIA. 
JOHN  BLAIR,  JAMES  MADISON,  Jr, 

NORTH    CAROLINA. 

WM.  BLOUNT,  RICH'D  DOBBS  SPAIGHT» 

Hu.  WILLIAMSON. 

SOUTH   CAROLINA. 

J.  RUTLEDGE,  CHARLES        COTESWORTH 

CHARLES  PINCKNEY,  PINCKNEY, 

PIERCE  BUTLER. 

GEORGIA. 
WILLIAM  FEW,  ABR.  BALDWIN. 

Attest:  WILLIAM   JACKSON,  Secretary. 

146 


CONSTITUTION  OF  THE   UNITED  STATES 


ARTICLES  IN  ADDITION  TO,  AND  AMENDMENT  OF, 
THE  CONSTITUTION  OF  THE  UNITED  STATES 
OF  AMERICA,  PROPOSED  BY  CONGRESS,  AND 
RATIFIED  BY  THE  LEGISLATURES  OF  THE 
SEVERAL  STATES  PURSUANT  TO  THE  FIFTH 
ARTICLE  OF  THE  ORIGINAL  CONSTITUTION. 

ARTICLE   I. 

Congress  shall  make  no  law  respecting  an 
establishment  of  religion,  or  prohibiting  the 
free  exercise  thereof;  or  abridging  the  freedom 
of  speech,  or  of  the  press ;  or  the  right  of  the 
people  peaceably  to  assemble,  and  to  petition 
the  Government  for  a  redress  of  grievances. 

ARTICLE   II. 

A  well  regulated  Militia,  being  necessary  to 
the  security  of  a  free  State,  the  right  of  the 
people  to  keep  and  bear  Arms,  shall  not  be 
infringed. 

ARTICLE   III. 

No  Soldier  shall,  in  time  of  peace  be  quar- 
tered in  any  house,  without  the  consent  of  the 
Owner,  nor  in  time  of  war,  but  in  a  manner  to 
be  prescribed  by  law. 

147 


CONSTITUTION  OF  THE   UNITED  STATES 


ARTICLE   IV. 

The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers,  and  effects,  against  un- 
reasonable searches  and  seizures,  shall  not  be 
violated,  and  no  Warrants  shall  issue,  but  upon 
probable  cause,  supported  by  Oath  or  affirma- 
tion, and  particularly  describing  the  place  to 
be  searched,  and  the  persons  or  things  to  be 
seized. 

ARTICLE   V. 

No  person  shall  be  held  to  answer  for  a  capi- 
tal, or  otherwise  infamous  crime,  unless  on  a 
presentment  or  indictment  of  a  Grand  Jury, 
except  in  cases  arising  in  the  land  or  naval 
forces,  or  in  the  Militia,  when  in  actual  service 
in  time  of  War  or  public  danger ;  nor  shall 
any  person  be  subject  for  the  same  offence  to 
be  twice  put  in  jeopardy  of  life  or  limb ;  nor 
shall  be  compelled  in  any  Criminal  Case  to  be 
a  witness  against  himself,  nor  be  deprived  of 
life,  liberty,  or  property,  without  due  process 
of  law ;  nor  shall  private  property  be  taken  for 
public  use,  without  just  compensation. 


148 


CONSTITUTION  OF  THE  UNITED  STATES 


ARTICLE   VI. 

In  all  criminal  prosecutions,  the  accused  shall 
enjoy  the  right  to  a  speedy  and  public  trial,  by 
an  impartial  jury  of  the  State  and  district  where- 
in the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained 
by  law,  and  to  be  informed  of  the  nature  and 
cause  of  the  accusation  ;  to  be  confronted  with 
the  witnesses  against  him  ;  to  have  compulsory 
process  for  obtaining  Witnesses  in  his  favor, 
and  to  have  the  Assistance  of  Counsel  for  his 
defence. 

ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in 
controversy  shall  exceed  twenty  dollars,  the 
right  of  trial  by  jury  shall  be  preserved,  and  no 
fact  tried  by  a  jury  shall  be  otherwise  re-exam- 
ined in  any  Court  of  the  United  States,  than 
according  to  the  rules  of  the  common  law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  ex- 
cessive fines  imposed,  nor  cruel  and  unusual 
punishments  inflicted. 

149 


CONSTITUTION  OF  THE    UNITED  STATES 


ARTICLE    IX. 

The  enumeration  in  the  Constitution,  of  cer- 
tain rights,  shall  not  be  construed  to  deny  or 
disparage  others  retained  by  the  people. 

ARTICLE   X. 

The  powers  not  delegated  to  the  United 
States  by  the  Constitution,  nor  prohibited  by  it 
to  the  States,  are  reserved  to  the  States  respec- 
tively, or  to  the  people. 

ARTICLE   XL 

The  Judicial  power  of  the  United  States  shall 
not  be  construed  to  extend  to  any  suit  in  law  or 
equity,  commenced  or  prosecuted  against  one 
of  the  United  States  by  Citizens  of  another 
State,  or  by  Citizens  or  Subjects  of  any  Foreign 
State. 

ARTICLE   XII. 

The  Electors  shall  meet  in  their  respective 
states,  and  vote  by  ballot  for  President  and 
Vice-President,  one  of  whom,  at  least,  shall  not 
be  an  inhabitant  of  the  same  state  with  them- 
selves ;  they  shall  name  in  their  ballots  the  per- 
150 


CONSTITUTION  OF  THE  UNITED  STATES 

son  voted  for  as  President,  and  in  distinct  bal- 
lots the  person  voted  for  as  Vice-President,  and 
they  shall  make  distinct  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for  as 
Vice-President,  and  of  the  number  of  votes  for 
each,  which  lists  they  shall  sign  and  certify,  and 
transmit  sealed  to  the  seat  of  the  government  of 
the  United  States,  directed  to  the  President 
of  the  Senate ; — The  President  of  the  Senate 
shall,  in  presence  of  the  Senate  and  House  of 
Representatives,  open  all  the  certificates  and 
the  votes  shall  then  be  counted  ; — The  person 
having  the  greatest  number  of  votes  for  Presi- 
dent, shall  be  the  President,  if  such  number  be 
a  majority  of  the  whole  number  of  Electors  ap- 
pointed ;  and  if  no  person  have  such  majority, 
then  from  the  persons  having  the  highest  num- 
bers not  exceeding  three  on  the  list  of  those 
voted  for  as  President,  the  House  of  Repre- 
sentatives shall  choose  immediately,  by  ballot, 
the  President.  But  in  choosing  the  President, 
the  votes  shall  be  taken  by  states,  the  repre- 
sentation from  each  state  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a  mem- 
ber or  members  from  two-thirds  of  the  states, 
and  a  majority  of  all  the  states  shall  be  neces- 
sary to  a  choice.  And  if  the  House  of  Repre- 
sentatives shall  not  choose  a  President  when- 


CONSTITUTION  OF  THE   UNITED  STATES 

ever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  fol- 
lowing, then  the  Vice-President  shall  act  as 
President,  as  in  the  case  of  the  death  or  other 
constitutional  disability  of  the  President.  The 
person  having  the  greatest  number  of  votes  as 
Vice-President,  shall  be  the  Vice-President,  if 
such  number  be  a  majority  of  the  whole  num- 
ber of  Electors  appointed,  and  if  no  person 
have  a  majority,  then  from  the  two  highest 
numbers  on  the  list,  the  Senate  shall  choose  the 
Vice-President ;  a  quorum  for  the  purpose  shall 
consist  of  two-thirds  of  the  whole  number  of 
Senators,  and  a  majority  of  the  whole  number 
shall  be  necessary  to  a  choice.  But  no  person 
constitutionally  ineligible  to  the  office  of  Presi- 
dent shall  be  eligible  to  that  of  Vice-President 
of  the  United  States. 

ARTICLE  XIII. 

SECTION  i.  Neither  slavery  nor  involuntary 
servitude,  except  as  a  punishment  for  crime 
whereof  the  party  shall  have  been  duly  convict- 
ed, shall  exist  within  the  United  States,  or  any 
place  subject  to  their  jurisdiction. 

SECTION  2.  Congress  shall  have  power  to 
enforce  this  article  by  appropriate  legislation. 

152 


CONSTITUTION  OF  THE  UNITED  STATES 


ARTICLE   XIV. 

SECTION  i.  All  persons  born  or  naturalized 
in  the  United  States,  and  subject  to  the  juris- 
diction thereof,  are  citizens  of  the  United  States 
and  of  the  State  wherein  they  reside.  No  State 
shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens 
of  the  United  States  j  nor  shall  any  State  de- 
prive any  person  of  life,  liberty,  or  property, 
without  due  process  of  law ;  nor  deny  to  any 
person  within  its  jurisdiction  the  equal  protec- 
tion of  the  laws. 

SECTION  2.  Representatives  shall  be  appor- 
tioned among  the  several  States  according  to 
their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  State,  excluding  Ind- 
ians not  taxed.  But  when  the  right  to  vote  at 
any  election  for  the  choice  of  electors  for  Presi- 
dent and  Vice  President  of  the  United  States, 
Representatives  in  Congress,  the  Executive 
and  Judicial  officers  of  a  State,  or  the  members 
of  the  Legislature  thereof,  is  denied  to  any  of 
the  male  inhabitants  of  such  State,  being  twen- 
ty-one years  of  age,  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  par- 
ticipation in  rebellion,  or  other  crime,  the  basis 

153 


CONSTITUTION  OF  THE   UNITED  STATES 

of  representation  therein  shall  be  reduced  in  the 
proportion  which  the  number  of  such  male  cit- 
izens shall  bear  to  the  whole  number  of  male 
citizens  twenty-one  years  of  age  in  such  State. 

SECTION  3.  No  person  shall  be  a  Senator  or 
Representative  in  Congress,  or  elector  of  Presi- 
dent and  Vice  President,  or  hold  any  office, 
civil  or  military,  under  the  United  States,  or 
under  any  State,  who,  having  previously  taken 
an  oath,  as  a  member  of  Congress,  or  as  an 
officer  of  the  United  States,  or  as  a  member 
of  any  State  legislature,  or  as  an  executive  or 
judicial  officer  of  any  State,  to  support  the  Con- 
stitution of  the  United  States,  shall  have  en- 
gaged in  insurrection  or  rebellion  against  the 
same,  or  given  aid  or  comfort  to  the  enemies 
thereof.  But  Congress  may  by  a  vote  of  two- 
thirds  of  each  House,  remove  such  disability. 

SECTION  4.  The  validity  of  the  public  debt 
of  the  United  States,  authorized  by  law,  in- 
cluding debts  incurred  for  payment  of  pensions 
and  bounties  for  services  in  suppressing  insur- 
rection or  rebellion,  shall  not  be  questioned. 
But  neither  the  United  States  nor  any  State 
shall  assume  or  pay  any  debt  or  obligation 
incurred  in  aid  of  insurrection  or  rebellion 
against  the  United  States,  or  any  claim  for  the 
loss  or  emancipation  of  any  slave ;  but  all  such 

154 


CONSTITUTION  OF  THE   UNITED  STATES 

debts,    obligations   and   claims   shall   be  held 
illegal  and  void. 

SECTION  5.  The  Congress  shall  have  power 
to  enforce,  by  appropriate  legislation,  the  pro- 
visions of  this  article. 

ARTICLE   XV. 

SECTION  i.  The  right  of  citizens  of  the 
United  States  to  vote  shall  not  be  denied  or 
abridged  by  the  United  States  or  by  any  State 
on  account  of  race,  color,  or  previous  condition 
of  servitude. 

SECTION  2.  The  Congress  shall  have  power 
to  enforce  this  article  by  appropriate  legisla- 
tion. 


RATIFICATIONS    OF   THE    CONSTITUTION. 

The  Constitution  was  adopted  by  a  conven- 
tion of  the  States,  September  17,  1787,  and 
was  subsequently  ratified  by  the  several  States, 
in  the  following  order,  viz.  : 

Delaware,  December  7,  1787. 

Pennsylvania,  December  12,  1787. 

New  Jersey,  December  18,  1787. 

Georgia,  January  2,  1788. 

Connecticut,  January  9,  1788. 

155 


CONSTITUTION  OF  THE  UNITED  STATES 

Massachusetts,  February  6,  1788. 

Maryland,  April  28,  1788. 

South  Carolina,  May  23,  1788. 

New  Hampshire,  June  21,  1788. 

Virginia,  June  26,  1788. 

New  York,  July  26,  1788. 

North  Carolina,  November  21,  1789. 

Rhode  Island,  May  29,  1790. 

The  State  of  Vermont,  by  convention,  rati- 
fied the  Constitution  on  January  10,  1791,  and 
was,  by  act  of  Congress,  February  18,  1791, 
' '  received  and  admitted  into  this  Union  as  a 
new  and  entire  member  of  the  United  States  of 
America. ' ' 


156 


INDEX  TO  THE  CONSTITUTION 


ABRIDGED,  immunities  of 
citizens  not  to  be,  153. 

Accused,  to  have  a  speedy 
trial,  149. 

Actions  at  common  law,  149. 

Acts  and  proceedings  of 
another  State,  faith  and 
credit  given  to,  141. 

Adjournment,  President 
may  convene  and  adjourn 
Congress,  139. 

Admitted,  new  States  may 
be,  142. 

Advice  and  consent  of  the 
Senate  required,  138. 

Age  of  Senators  and  Rep- 
resentatives, 124,  126. 

Aid  and  comfort  to  ene- 
mies, 141. 

Alliance  or   confederation, 

134- 

Ambassadors,  President 
may  appoint,  138. 

Amendments  to  the  Consti- 
tution, 143. 

Answer  for  crimes,  148. 

Appellate  jurisdiction,  Su- 


preme Court  shall  have, 
140,  141. 

Apportionment  of  represen- 
tation, 124,  153,  154. 

Appropriate  legislation, 
power  of  Congress,  130- 
132. 

Armies,  land  and  naval 
forces,  131. 

Attainder,  ex-post-facto  law, 

133,  134. 
Authors  and  inventors,  131. 

BALLOT  for  President  and 

Vice-President,  150-152. 
Bankruptcies,  131. 
Bills  of  credit,  134. 

CAPITAL  crimes,  148. 
Census,  124, 133. 
Chief-Justice  shall  preside, 

when,  126. 
Citizens    of     the     United 

States,  141,  142  ;  who  are 

included  as,  153. 
Classification  of  Senators, 

125,  126. 


157 


INDEX  TO  THE  CONSTITUTION 


Coin  a  tender  for  payment 
of  debts,  134. 

Color,  or  previous  condition 
of  servitude,  155. 

Commander-in-chief  of  the 
Army  and  Navy,  Presi- 
dent, when,  137. 

Commerce   or   revenue, 

133- 

Compact  with  another 
State,  134,  135. 

Compensationsv  official, 
128,  137,  138. 

Congress,  powers  vested 
in,  130-132. 

Constitution,  executive  and 
legislative  powers  under, 
130,  132,  137,  144. 

Convention  for  proposing 
Amendments  to  Constitu- 
tion, 143. 

Copyrights  to  authors,  131. 

Courts  of  law,  139,  140. 

Crimes,  capital  or  other- 
wise, 140,  141,  148,  149. 

DEATH  or  resignation  of 
the  President,  137. 

Debts  of  the  United  States, 
154- 

Defence  and  general  wel- 
fare, 139. 

Departments,  138. 

District  of  Columbia,  132. 

Domestic  violence,  143. 

Due  process  of  law,  148. 


Duties,  imposts,  and  ex- 
cises, 134. 

ELECTION  of  President  and 
Vice-President,  135,  136, 
150,  151  ;  of  Senators  and 
Representatives,  127. 

Electors,  presidential,  135, 
136,  150,  151. 

Establishment  of  the  Con- 
stitution between  the 
States,  145. 

Executive  powers,  135. 

Expel  a  member,  127. 

Exports  or  imports,  134, 135. 

Ex-post-facto\&wt  134. 

FOREIGN  nations,  regula- 
tion of  commerce  with, 
130. 

Forfeiture  for  treason,  141. 

Form  of  government,  a  re- 
publican, guaranteed,  143. 

Freedom  of  speech  and 
press,  not  to  be  invaded, 
147- 

Fugitives  from  crime,  142. 

GENERAL  welfare  (pream- 
ble), 121. 

Gold  and  silver  a  tender, 
134. 

HABEAS  corpus,  133. 
House  of  Representatives, 
122-125,  153,  154. 


158 


INDEX  TO  THE  CONSTITUTION 


IMMUNITIES    from    arrest, 

etc.,  128,  147,  148,  156. 
Impeachment,  126, 127, 139. 
Imports  and   exports,  134, 

135- 

Indictments,  148. 
Insurrection    or  Rebellion, 

132,  154. 
Inventors  and  authors,  131. 

JUDGES  of  courts,  139. 
Judicial   powers,   139,   140, 

150. 
Jury,  trial  by,  141,  149. 

LAWS  and  treaties,  140. 

Legal  tender,  134. 

Legislation,  in  all  cases  in 
power  of  Congress,  121, 
122. 

Letters  of  Marque  and  Re- 
prisal, 131. 

Liberty  (preamble),  121. 

MARQUE     and     Reprisal, 

Letters  of,  131. 
Measures,     Weights    and, 

131- 

Meeting  of  Congress,  127. 
Misdemeanor,  high  crimes 

and,  139. 

NATURALIZATION,  Con- 
gress to  establish  rules 
for,  130. 

Navy,  Congress  to  provide 
for,  131. 


New  States,  may  be  ad- 
mitted, 142. 

Nobility,  no  title  of  shall 
be  granted,  134. 

Nominations  for  office  by 
the  President,  138. 

Number  of  electors,  135. 

OATH  of  office  by  the  Pres- 
ident, 137. 

Obligation  of  contracts, 
134. 

Offences  against  the  United 
States,  138. 

PARDONS,  the  President 
may  grant  reprieves  and, 
138. 

Pensions  and  bounties,  154. 

Powers  not  delegated,  150. 

President  and  Vice-Presi- 
dent, manner  of  choos- 
ing, 135,  150-152. 

President  of  the  United 
States,  135-139. 

President  pro  tempore,  126. 

Privileges  and  immunities 
of  citizens,  147,  148,  153. 

Property  of  the  United 
States,  142. 

Prosecutions,  149. 

Punishment  according  to 
law,  127,  149. 


QUALIFICATIONS    for    of- 
fice, 123,  126,  136,  152. 


159 


INDEX  TO  THE  CONSTITUTION 


Quorum  to  do  business,  a 
majority  required,  127. 

RACE,  color,  and  condition 
of  servitude,  155. 

Ratification  of  amend- 
ments, 143. 

Ratio     of     representation, 

124,  153- 

Rebellion,  133,  154. 
Redress  of  grievances,  147. 
Regulation   of   commerce, 

133. 

Religious  test,  no,  144. 

Representation  in  any 
State,  122-125. 

Representatives  in  Con- 
gress, 122,  123. 

Reprieves  and  pardons, 
138. 

Republican  form  of  gov- 
ernment guaranteed,  143. 

Resignation  of  the  Presi- 
dent, 137. 

Revenue,  etc. ,  of  one  State 
over  another,  133. 

Rights  in  the  Constitution, 
150- 

SCIENCE  and  the  useful 
Arts,  131. 

Seat  of  Government,  132. 

Senate  and  House  of  Rep- 
resentatives, 121,  122. 

Senate  of  the  United  States, 

125,  126. 


Senators,  125,  126,  135,  154. 

Servitude,  previous  condi- 
tion of,  152,  155. 

Ships  of  war,  134. 

Slavery,  152. 

State  of  the  Union,  139. 

States,  what  they  may  not 
do,  134,  135. 

Suits  at  common  law,  149, 
150- 

Suppression  of  insurrec- 
tion, 132. 

Supreme  Court,  139. 

Supreme  law  of  the  land, 
144- 

TAX  or  Duty,  130,  133. 

Tender  in  payment  of 
debts,  134. 

Term  of  four  years,  offi- 
cial, 135. 

Territory  of  the  United 
States,  142. 

Title  of  nobility,  prohib- 
ited, 134. 

Treason,  denned,  141. 

Treaties,  power  to  make, 
in  the  President,  138. 

UNION,  to  establish  a  more 
perfect  (preamble),  121. 

Unreasonable  searches  and 
seizures,  148. 


VACANCIES  in  office,  125, 
138. 


160 


INDEX  TO  THE  CONSTITUTION 


Veto  power  in  the  Presi- 
dent, 129. 

Vice-President,  to  be  Pres- 
ident of  the  Senate,  126  ; 
manner  of  choosing,  150, 

151- 

Vote,  each  Senator  shall 
have  one,  125. 

Vote  of  two -thirds  of  a 
House  to  expel  a  Mem- 
ber, 127. 

WAR   against   the    United 


States,  of  what  to  consist, 
141. 

Weights  and  Measures,  131. 

Witnesses  in  criminal  pros- 
ecutions, 149. 

Writ  of  habeas  corpus,  133. 

Writs  of  election,  125. 

Written  opinions  of  princi- 
pal officers,  138. 

YEAS  and  nays,  when  to  be 
entered  on  the  Journals 
of  Congress,  129. 


161 


GENERAL   INDEX 


ACADEMY,  Military,  4  ;  Na- 
val, 51. 

Adjutant  -  General,  duties 
of,  40. 

Adjournment  of  Congress, 
19,  20. 

Agriculture,  Department 
and  Secretary  of,  55 ; 
functions  of,  56 ;  Assist- 
ant Secretary  of,  56. 

Allegiance  of  citizens  of 
United  States,  72. 

Alaska,  Territory  of,  82,  83. 

American  Republics,  bu- 
reau of,  59. 

Appropriations  in  Senate 
and  House,  15,  16. 

Appeal,  circuit  courts  of, 
64 ;  carried  up  in  United 
States  courts,  66,  67. 

Assay  offices,  100-103. 

Architect,  supervising, 
United  States,  37. 

Attorney-General,  United 
States,  duties  of,  42. 

Auditors  of  Treasury  De- 
partment, 37,  38. 


BRANCHES  of  the  Govern- 
ment, 4,  5. 

Bills,  revenue  and  appropri- 
ation in  Congress,  15,  16  ; 
or  schemes  of  la.w,  how 
disposed  of  in  Congress, 
22,  23  ;  how  may  become 
laws,  24;  veto  of  by  the 
President,  24,  25. 

Bureaus  of  Navy  Depart- 
ment, 48. 

CABINET,  the  President's, 
salaries,  powers,  and  du- 
ties of  members,  31,  32; 
when  members  may  suc- 
ceed to  Presidency,  32- 

33- 
Cadets,  military,  41  ^  naval, 

Si- 

Census,  duties  of  Superin- 
tendent of,  55. 

Civil  Service  Commission, 
58. 

Circuits,  judicial,  63  ;  courts 
of  appeal,  64  ;  judges  and 
functions  of,  65. 


163 


GENERAL  INDEX 


Clerks  of  United  States 
courts,  44. 

Claims,  Court  of,  jurisdic- 
tion of  and  how  con- 
stituted, 68,  69  ;  court  of 
private  land,  69  ;  for  pub- 
lic lands,  97. 

Comptroller  of  the  Curren- 
cy, 37,  38. 

Comptroller  of  the  Treas- 
ury, 38. 

Copyright,  defined,  how 
obtained,  106. 

Columbia,  District  of,  how 
organized  and  governed, 
81. 

Coast   Survey,  Bureau  of, 

37- 

Commissioners,  United 
States,  functions  of,  66 ; 
Civil  Service,  58. 

Commissary-General,  40. 

Construction  and  Repairs, 
Naval  Bureau  of,  49. 

Criminal  and  civil  cases  in 
United  States  courts,  66. 

Courts  of  the  United  States, 
how  constituted  and  juris- 
diction of,  61,  62  ;  United 
States  Supreme,  justices 
of,  62  ;  jurisdiction  of,  63 ; 
of  claims,  68,  69. 

Constitution  of  the  United 
States,  when  completed 
and  signed,  i ;  ratifica- 
tions of,  by  the  thirteen 


original  States,  i,  2,  155  ; 
amendments  thereto, 
when  proposed  and  rati- 
fied, 2,  3  ;  how  amended, 
2  ;  text  of,  121,  155. 

Congress,  legislative 
branch  of  government,  4  ; 
sole  power  to  enact  laws, 
4 ;  how  composed,  6 ; 
length  of  each  Congress 
and  session,  14,  15 ;  gen- 
eral elections  for,  17 ;  res- 
olutions of,  19  ;  neither 
house  may  adjourn,  19  ; 
regular  and  special  ses- 
sions of,  20,  21. 

Congressional  districts, 
how  defined,  16,  17;  va- 
cancies in,  how  filled,  17  ; 
conference  com  mittees 
of,  25  ;  business  of,  23, 
24. 

Consuls  and  commercial 
agents,  United  States, 
35  ;  consular  courts,  36. 

Cutters,  revenue,  91. 

Customs,  Commissioner  of, 
37, 92  ;  officers  of  service, 
9L  92. 

DELEGATES,  territorial,  16. 
Debate,    restriction  of,    in 

Congress,  25. 
Department  of  State,  sub- 

divisions   of,  33,  35 ; 

Treasury,  36,   38;   War, 


164 


GENERAL  INDEX 


39,  41 ;  Justice,  42,  43  ; 
Post-office,  44r  45  ;  Navy, 
47 ;  Interior,  51  ;  Agri- 
culture, 55. 

Declaration  of  Indepen- 
dence, 112,  120. 

District  Attorneys,  United 
States,  44. 

District  of  Columbia,  how 
organized  and  governed, 
81,  82. 

Duties,  customs,  how  lev- 
ied and  collected,  89,  90. 

EDUCATION,  Commission- 
er of,  54. 

Eligibility  of  members  of 
Senate,  8  ;  of  House  of 
Representatives,  14. 

Elections,  Congressional, 
17,  18  ;  of  President  and 
Vice-Presiderit,  by  House 
of  Representatives,  26, 
27  ;  by  presidential  elec- 
tors, 27,  28. 

Electoral  College,  of  States, 
to  meet,  28,  76  ;  electors, 
presidential,  27,  28  ;  vote 
of,  sent  to  the  seat  of  gov- 
ernment, 76 ;  opened  and 
counted,  77. 

Engineers,  Army  Corps  of, 
chief  of,  40. 

Engineering,  Naval  Bureau 
of,  49. 

Entry  of  public  lands,  96. 


Equipment,  Bureau  of  Na- 
val, 49. 

Executive  branch  of  gov- 
ernment, functions  of,  4  ; 
departments  of,  names 
of,  31,  32  ;  reports  of, 
33  ;  minor  subdivisions 
of,  56. 

FISH  Commission,  58. 

Foreign  ministers  of  the 
United  States,  salaries 
and  duties  of,  35. 

Franking  privilege  of  Mem- 
bers of  Congress,  20  ;  of 
other  officers,  33. 

Functions  of  the  three 
branches  of  the  Govern- 
ment, 4,  5  ;  peculiar  to 
the  Senate,  9  ;  to  the 
House  of  Representa- 
tives, 15. 

GEOGRAPHIC  Names,  Bu- 

reau of,  58. 
House  of  Representatives, 

when   it   may   choose    a 

President,  77. 
Homestead  law,  96. 

IMPEACHMENT  of  civil  offi- 
cers, how  conducted,  12, 


Immigration,  Superintend- 
ent of,  38. 


165 


GENERAL  INDEX 


Internal  Revenue,  Com- 
missioner of,  37. 

Inspector-General,  of  Ar- 
my, 40. 

Interior  Department,  sub- 
divisions of,  52,  53;  duties 
of  Secretary  of,  52  ;  As- 
sistant Secretary,  52,  53. 

Independence,  Declaration 
of,  112. 

Indian  Affairs,  Commission- 
er of,  54,  92  ;  Territory, 
83  ;  reservations,  93  ;  care 
of  the  Indians  by  the 
United  States,  91,  92. 

Inter-State  Commerce 
Commission,  57. 

Intercontinental  Rail  way 
Commission,  59. 

JUDICIAL  branch  of  Gov- 
ernment, functions  of,  4, 
5- 

Justice  of  the  United  States, 
Chief,  when  he  presides 
at  impeachment  trial,  12. 

Judge  -  Advocate  -  General, 
army,  41 ;  navy,  50. 

Justice,  Department  of, 
officers  of,  43,  44. 

Judiciary,  Federal,  61. 

LAW  officers  of  depart- 
ments, 43. 

Labor,  Department  of,  57. 
Lands,   public,   disposition 


°f?  95i  97  I  divided  into 
districts,  97  ;  Commis- 
sioner of,  98. 

Labels,  may  be  copyright- 
ed, 107. 

Legislative  branch  of  Gov- 
ernment, functions  of,  4. 

Legislatures  of  States,  to 
elect  Senators,  7,  8. 

Life-saving  service,  37. 

Light-house  board,  38. 

MARINE  Hospital  Service, 

37- 
Marshals,    United    States, 

44. 
Message,     President's,    t  o 

Congress,  30. 

Medicine  and  Surgery,  Na- 
val Bureau  of,  50. 
Mileage    of    Senators    and 

Representatives,  18. 
Ministers     of   the     United 

States,  foreign,    salaries, 

etc.,  35. 
Mint,   Director  of  the,  37, 

101. 
Mints    and    assay    offices, 

100. 

NAVIGATION,  Commission- 
er of,  37. 

Navy,  subdivisions  of  De- 
partment, 47,  50  ;  duties 
of  Secretary  of,  47. 

Naval  Academy,  51. 


1 66 


GENERAL  INDEX 


National  and  State  Rights, 

70-73- 

Naturalization,  National 
and  State  jurisdiction  in, 
74  ;  conditions  of,  74. 

OATHS,  Congressmen  re- 
quired to  take,  22. 

Office,  nominations  to,  in 
the  Senate,  9. 

Officers  of  the  Senate,  n  ; 
of  the  House,  13  ;  of  the 
customs,  91,  92. 

Office,  tenure  of,  59. 

Ordnance,  Army  Bureau 
of,  40  ;  Naval,  49. 

PATENT-RIGHTS,  defined 
and  how  secured,  104, 
105. 

Patents,  Commissioner  of, 

53- 
"  Pairs  "    of    Members   of 

Congress,  19. 
Paymaster-General   of   the 

Army,  40  ;    of  the  Navy, 

50. 
Pensions,  Commissioner  of, 

54  ;    how   granted,    108  ; 

agencies,  109. 
*'  Pocket  veto,"  defined,  25. 
Postmaster-General,  duties 

and  functions  of,  44,  45  ; 

Assistants'  duties,  46. 
President    of    the     United 

States,  head  of  Executive 


branch,  4  ;  may  approve 
or  veto  bills  of  Congress, 
24,  25  ;  when  chosen  by 
the  House  of  Representa- 
tives, 26,  27 ;  when  he 
and  Vice-President  take 
office,  28 ;  duties,  func- 
tions, compensation,  qual- 
ifications for  office,  pro- 
visions for  filling  vacancy 
in  office,  29,  30,  32  ;  when 
chosen  by  the  House  of 
Representatives,  77. 

Presidential  electors,  how 
nominated  and  chosen, 
75.  76. 

President  of  the  Senate, 
how  chosen,  10,  12. 

Public  Printer,  the,  58. 

Printing  and  Engraving, 
Bureau  of  the  Treasury, 
38. 

Provisions  and  Clothing, 
Naval  Bureau  of,  49,  50. 

Public  lands,  disposition  of, 
95-97  ;  Commissioner  of, 
98. 

Public  documents,  how  cir- 
culated, 20. 

QUARTERMASTER-GENER- 
AL of  Army,  39. 

RAILROADS,  Commissioner 
of,  54  ;  Intercontinental 
Commission,  59. 


167 


GENERAL  INDEX 


Resolutions  of  Congress, 
joint  and  otherwise,  19. 

Reports  of  Executive  de- 
partments, 33. 

Representatives,  House  of, 
15  ;  Committee  of  the 
Whole,  14;  officers  of,  12; 
standing  committees  of, 
18  ;  salary  of  members, 
18  ;  when  the  House 
elects  President  and  Vice- 
President,  26,  27,  77. 

Revenue,  bills  for  raising, 
in  House  and  Senate,  15  ; 
cutters,  91  ;  tariff  for, 
only,  89. 

SALARIES,  of  Senators  and 
Representatives,  18  ;  of 
other  officers  of  the  Gov- 
ernment, how  fixed,  26. 

Senate  of  the  United  States, 
representation  in,  6  ;  va- 
cancy in,  how  filled,  7,  8; 
special  functions  of,'  9 ; 
principal  officers  of,  u  ; 
standing  committees  of, 
ii  ;  when  sitting  as  a  high 
court  of  impeachment, 
12. 

Senators,  length  of  term 
and  qualifications  f^'r  of- 
fice, 7,  8  ;  how  chosen,  8. 

Sessions  of  Congress,  dura- 
tion of,  etc.,  20,  21. 

Seignorage,  defined,  103. 


Speaker  of  the  House,  du- 
ties, functions,  and  salary 
of,  13,  14  ;  may  be  re- 
moved by  House,  13. 

Solicitor-General  of  United 
States,  43. 

Signal  Officer  of  Army,  40, 
4i. 

States,  rights  of,  70-73  ;  in- 
dependent governments 
of,  72  ;  governments  may 
differ  with  each  other,  73  ; 
how  admitted,  80. 

Steam  vessels,  supervision 
of,  37- 

Statistics,  Treasury  Bu- 
reau, 37. 

State  Department,  func- 
tions and  subdivisions 

of,  33-35- 

Surgeon-General,  army,  40. 

Supplies  and  accounts,  na- 
val bureau  of,  50. 

Sub-treasury  system,  99, 
100. 

Suffrage,  right  of,  no  ;  ille- 
gal denial  of,  to  any  citi- 
zen of  the  United  States, 
in. 

TARIFFS  and  custom- 
houses, 89-92  ;  protective 
and  fiscal,  89. 

Tenure  of  office,  59. 

Territories,  how  organized, 
78  ;  legislative,  executive, 


168 


GENERAL  INDEX 


and  judicial  officers  of, 
79,  80  ;  names,  how  given, 
80  ;  Delegate  in  Congress, 
79  ;  how  admitted  to  state- 
hood, 80  ;  the  Indian,  83  ; 
acquisitions  of,  by  the 
United  States,  84-86. 

Treaties,  action  upon,  by 
the  Senate,  9. 

Treasury  Department, 
functions  of,  subdivisions, 
36-38  ;  United  States  and 
branches,  99. 

Treasurer  of  the  United 
States,  37. 

Trademarks  of  manufact- 
urers, 107. 

Treason,  denned  and  how 
punished,  87,  88. 

VACANCIES  in  the  Senate, 
how  filled,  7,  8  ;  vaca.ncies 
in  the  House,  17  ;  in  the 
office  of  President,  27,  30. 


Vessels,  entrance  and  clear- 
ance of,  91. 

Veto  of  bills  by  the  Presi- 
dent, 24,  25. 

Vice-President  of  the  Unit- 
ed States,  duties,  func- 
tions, salary,  etc.,  10  ; 
vacancy  in  the  office  of, 
how  filled,  10  ;  when  he 
succeeds  to  the  office  of 
the  President,  27,  30. 

Votes,  electoral,  sent  to  the 
seat  of  government, 
opened,  and  counted,  76, 
77- 

WAR,  Department  of,  sub- 
divisions of,  etc. ,  39-41  ; 
duties  of  Secretary,  38, 
39- 

YARDS  and  Docks,  Naval 
Bureau  of,  48. 


ilTTj 

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169 


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